reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 19 - Continuing Education Requirements › Section 86:20-19-5 - Penalty for failure to submit continuing education

Current through Vol. 41, No. 20, July 1, 2024
Failure to fulfill the continuing education requirements by
				  the expiration date will result in non-renewal of the license. All rights
				  granted by the license are null and void until the license is reinstated. The
				  LBP has twelve (12) months from the date of expiration to fulfill the
				  requirements for reinstatement.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 19 - Continuing Education Requirements › Section 86:20-19-6 - Submission of fraudulent continuing education

Current through Vol. 41, No. 20, July 1, 2024
The submission of fraudulent continuing education hours will
				  be reviewed by the License Committee for referral for disciplinary action and
				  may result in sanction by the Board.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 19 - Continuing Education Requirements › Section 86:20-19-7 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The LBP shall be responsible for providing the information
				  necessary for the Board to make a determination of the suitability of the
				  program for continuing education requirements.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 19 - Continuing Education Requirements › Section 86:20-19-8 - Failure to complete continuing education

Current through Vol. 41, No. 20, July 1, 2024
A person whose license is not renewed due to failure to
				  complete continuing education requirements shall follow subchapter 23 of this
				  chapter known as "License and Specialty Renewal."
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 21 - Issuance of License › Section 86:20-21-1 - License

Current through Vol. 41, No. 20, July 1, 2024
The license issued by the Board shall contain the LBP's name,
				  license number, specialty designation, if any, highest accredited behavioral
				  health services-related academic degree and date of issuance.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 21 - Issuance of License › Section 86:20-21-4 - Notification

Current through Vol. 41, No. 20, July 1, 2024
After having fulfilled all requirements for licensure, the
				  Board shall mail notification to the licensee, at last known address, of
				  qualification for licensure; and when the license fee is received and the Board
				  approves the candidate for licensure, the license will be mailed to the
				  licensee.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 21 - Issuance of License › Section 86:20-21-5 - Replacement

Current through Vol. 41, No. 20, July 1, 2024
The Board shall replace a license that is lost, damaged, or
				  is in need of revision upon written request and payment of the license
				  replacement fee. Requests must include the LBPs original license or be
				  accompanied by the damaged license, if available.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-1 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
Each LBP is responsible for renewing the license and
				  specialty designation before the expiration date.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-2 - Requirements for renewal

Current through Vol. 41, No. 20, July 1, 2024
The requirements for renewal are:
(1) Compliance with the Act and
				rules;
(2) Documentation of the
				required continuing education; and
(3) Payment of the renewal fee(s).
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-3 - Renewal notification

Current through Vol. 41, No. 20, July 1, 2024
The Board shall mail to the LBP at least forty-five (45) days
				  prior to the expiration date of the LBP's license, a notice of
				  expiration.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-4 - Initial licensing period

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				expiration date of the original license shall be two (2) years from the last
				day of the month in which the license was originally issued.
(b) After the first two (2) years of
				licensure, the LBP shall submit a Continuing Education Roster verifying at
				least twenty (20) hours of continuing education required for renewal.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-5 - Interim renewal

Current through Vol. 41, No. 20, July 1, 2024
The notice for the initial renewal shall solicit the required
				  continuing education documentation and invoice the LBP for the interim period
				  between the original renewal date and the following December 31 so that
				  subsequent renewals shall be on a calendar year basis. The renewal notice shall
				  inform the licensee of the number of continuing education hours required by
				  December 31. Fees and continuing education hours shall be prorated according to
				  the schedule below.
(1) For a license
				expiring during January, February or March, the following shall apply:
(A) The renewal fee shall be $100.00;
				and
(B) Continuing education of 10
				hours shall be due by December 31.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-6 - Annual renewal

Current through Vol. 41, No. 20, July 1, 2024
After the initial two (2) year licensing period plus the
				  interim period, licenses shall expire each December 31, with a renewal fee of
				  one hundred dollars ($100.00) and a continuing education requirement of ten
				  (10) hours.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-7 - Specialty renewal

Current through Vol. 41, No. 20, July 1, 2024
Regardless of the date the Board grants a specialty
				  designation, the date of a specialty renewal shall be the same date as that of
				  the licensure renewal.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-8 - Display of verification card

Current through Vol. 41, No. 20, July 1, 2024
(a) LBPs
				shall display a current license verification card on the original or replaced
				license.
(b) A current license
				verification card shall be readily available on the LBPs person at any time
				behavioral health services are being provided.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-9 - Inactive status

Current through Vol. 41, No. 20, July 1, 2024
(a) An active
				license may be placed on inactive status by written request and payment of a
				one-time twenty-five dollar ($25.00) fee. An inactive license forfeits all
				rights and privileges granted by the license.
(b) When a license is placed on inactive
				status, the license and active verification cards shall be returned to the
				Board.
(c) A license that has
				remained inactive for at least one (1) year may be reactivated upon payment of
				a prorated renewal fee and submission of prorated continuing education hours
				required during the renewal year, in accordance with this Chapter, if there are
				no impediments to licensure.
(d) A
				license placed on inactive status may be reactivated within one (1) year when
				submitted with the required renewal fee and continuing education, in accordance
				with this Chapter, if there are no impediments to licensure.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-10 - Failure to renew

Current through Vol. 41, No. 20, July 1, 2024
If the LBP fails to renew the license by the expiration date,
				  the Board shall mail the LBP a notice to the last known address, which shall
				  include:
(1) Expiration of the license
				and forfeiture of rights and privileges granted by the license, and,
(2) The LBP's right to reinstate the license
				by payment of the renewal fee and the late renewal fee and fulfillment of all
				other renewal requirements for up to one (1) year following the expiration of
				the license.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-11 - Return of license

Current through Vol. 41, No. 20, July 1, 2024
Licenses not reinstated within the one (1) year late renewal
				  period shall be permanently expired and not be reinstated. The license shall be
				  returned to the Board.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 23 - License and Specialty Renewal › Section 86:20-23-12 - Misrepresentation

Current through Vol. 41, No. 20, July 1, 2024
An LBP whose license has been inactivated, suspended, or
				  revoked and continues to represent himself as an LBP, is in violation of the
				  Act and may be subject to enforcement action under OAC
				  86:20-29.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 25 - Licensure by Endorsement › Section 86:20-25-1 - Requirements for licensure by endorsement

Current through Vol. 41, No. 20, July 1, 2024
The Board shall issue a license by full endorsement to an
				  applicant who is licensed as a behavioral practitioner in another jurisdiction
				  and who meets the following:
(1)
				Possess a behavioral practitioner's license which is active and in good
				standing, with no history of suspension or revocation against
				license;
(2) Fulfill the
				requirements of Section 1935 (A)and (B) of the Act;
(3) Possess at least a masters degree from a
				program in psychology from a regionally accredited college or university;
				and
(4) Pass the LBP State
				Standards Test.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 25 - Licensure by Endorsement › Section 86:20-25-2 - Submission of verification of license

Current through Vol. 41, No. 20, July 1, 2024
An applicant for licensure by endorsement shall submit
				  documentation from the licensing agency stating the applicant is active and in
				  good standing. The Board may require the applicant to submit a copy of the
				  statute and rules of the agency issuing the license.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 25 - Licensure by Endorsement › Section 86:20-25-3 - Licensing procedures

Current through Vol. 41, No. 20, July 1, 2024
An applicant for licensure by endorsement must submit the
				  application form, fees and related documents as required.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 27 - Consumer Information › Section 86:20-27-1 - Directory

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall provide a directory of
				Licensed Behavioral Practitioners.
(b) The directory of LBPs shall include but
				not be limited to the name, academic degree under which the license is held,
				preferred mailing address, telephone number, and license number of current
				licensees.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 27 - Consumer Information › Section 86:20-27-2 - Brochure

Current through Vol. 41, No. 20, July 1, 2024
The Board shall prepare information of consumer interest,
				  which describes the regulatory functions of the Board and its procedures to
				  handle and resolve consumer complaints.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 27 - Consumer Information › Section 86:20-27-4 - Request for promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may request the Board adopt, amend or repeal a rule in this chapter. The request shall be made in writing and shall include an explanation to support the request. A request shall also include:
(1) the name, address and telephone number of the person making the request;
(2) the name, address and telephone number of the agency or organization the person represents, if any;
(3) the number used to identify the rule if the request is to amend or repeal an existing rule; and
(4) the proposed language if the request is to amend an existing rule or adopt a new rule.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to specify the procedure
				  for processing RFIs filed with the Board and the authorization to take
				  disciplinary actions against LBPs, Candidates, or persons who practice licensed
				  behavioral health practitioner services without a license or
				  exemption.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-3 - Complaint Procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Receiving
				Requests for Inquiry.
Any person may file a RFI against a LBP,
				Candidate, or a person who delivers licensed behavioral practitioner services
				without a license. A person wishing to report a concern shall notify the Board
				in writing. Upon receipt of the RFI, the Executive Director will:
(1) Stamp the first pages of the RFI
				indicating date of receipt;
(2)
				Review the RFI to determine if the person against whom the RFI is made is a
				person who is subject to the jurisdiction of the Board;
(3) Generate a letter to the complainant
				indicating receipt of the RFI.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-5 - Cooperation with investigations

Current through Vol. 41, No. 20, July 1, 2024
LBPs and Candidates shall cooperate when Board staff, Complaint Committee members, and/or investigators make inquiries concerning a RFI made against them. Failure to cooperate is grounds for further disciplinary action under the Act and/or Rules. In addition, LBPs and Candidates named in the complaint shall not contact, attempt to contact, or allow anyone else to contact the person(s) who filed the complaint or the person(s) who the LBP and Candidate named in the complaint believes may have filed the complaint.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-6 - Service of Formal Complaint and Notice of Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
The Formal
				Complaint and Notice of Hearing shall be served by certified mail, return
				receipt requested, to the LBP or Candidate's address on file with the Board. It
				is the duty of the LBP or Candidate to provide current address
				information.
(b)
Proof of
				service.
Proof of service shall be filed with the Board.
(c)
Service of other papers and
				documents.
Service of all other papers and documents connected with an
				individual proceeding shall be served on the LBP, Candidate or his/her counsel
				via facsimile, regular mail,or hand-delivery.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-7 - Individual Proceedings

Current through Vol. 41, No. 20, July 1, 2024
Individual Proceedings shall be conducted by the Board in
				  accordance with the APA, 75 O.S., § 309-321 et seq. The Board shall
				  recommend the most appropriate penalty at the conclusion of the evidence, which
				  may include but is not limited to probation, suspension, revocation, and an
				  administrative penalty not to exceed Ten Thousand Dollars ($10,000.00).
				  Informal disposition may be made of any individual proceeding by stipulation,
				  agreed settlement, consent order, or default.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-8 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuances by the Board.
The Board chair may continue or adjourn the proceedings at any time for a
				specified time by notice or motion.
(b)
Continuances by motion of
				parties.
Except for good cause shown, or by agreement of all parties, no
				continuance shall be granted upon motion of a party unless written request is
				filed with the board and served on all parties of record,including the
				Assistant Attorney General, at least seven (7) days prior to the date set for
				hearing. An agreement to continue by all parties of record shall be approved
				unless the Board chair determines that the public interest requires
				otherwise.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-9 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Discovery shall be conducted in accordance with the APA. The
				  Board chair may enter specific orders directing the conduct of
				  discovery.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-10 - Protective orders

Current through Vol. 41, No. 20, July 1, 2024
The Board chair, at any time upon application of a party,
				  may issue Protective Orders as they relate to discovery and as they may prevent
				  hardship to a party, prevent excessive burden on a party, or as they may be
				  necessary or appropriate for the protection of the parties.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-11 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance of subpoenas for witnesses
				and physical evidence.
All parties, including the Board, may compel the
				attendance of witnesses, and the production of physical evidence if service of
				process has been made by subpoena anywhere within the state.
(b)
Service of subpoenas.
Service of the subpoenas will be the responsibility of the requesting party.
				Subpoenas shall be served and returns made in the manner prescribed by general
				civil law.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-12 - Final order

Current through Vol. 41, No. 20, July 1, 2024
The Board shall issue a final order for all disciplinary
				  matters. Final orders are subject to Judicial Review pursuant to
				  APA.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-13 - Unauthorized practice

Current through Vol. 41, No. 20, July 1, 2024
Any person found to be practicing licensed behavioral health
				  practitioner services without being properly licensed, exempt or under the
				  approved supervision of an LBP as part of the licensure process shall be
				  ordered to cease practicing and may be subject to an administrative penalty.
				  The Board may seek the assistance of the courts if the actions
				  continue.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-14 - Administrative penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may
				assess an administrative penalty against an individual if any order issued or
				approved by the Board includes a finding that the individual:
(1) Violated any provision of the Act;
				or
(2) Violated any rule of the OAC
				as it relates to licensed behavioral health practitioner services; or
(3) Violated any order issued by
				the Board.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 29 - Enforcement › Section 86:20-29-16 - RFI confidentiality

Current through Vol. 41, No. 20, July 1, 2024
The RFI and the identity of the Complainant shall be
				  confidential and shall not be available for public inspection, in accordance
				  with 51 O.S. Section 24A.14.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 31 - Post-Military Service Occupation, Education and Credentialing Rules › Section 86:20-31-1 - Education, training and experience completed as a member of the Armed Forces of the United States pursuant to 59 O.S. Section 4100.4(A)

Current through Vol. 41, No. 20, July 1, 2024
(a) If an applicant otherwise qualifies for
				licensure, the Board shall issue an appropriate license to applicants who
				present satisfactory evidence of equivalent education, training and experience
				completed by the applicant as a member of the Armed Forces or Reserves of the
				United States, National Guard of any state, the Military Reserves of any state,
				or the Naval Militias of any state.
(b) Active-duty military service members
				seeking to make application for licensure may do so without payment of
				application fee.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 31 - Post-Military Service Occupation, Education and Credentialing Rules › Section 86:20-31-2 - Automatic extension of license, payment of fees and continuing education for active-duty military service members

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Automatic extension pursuant to 59 O.S. §
									4100.6(A).
				The license of active-duty military service members shall be automatically
				extended and placed on inactive licensure status during active-duty military
				service and for one (1) year after active-duty military service, unless the
				licensee seeks to maintain said license in good-standing.
(b) Payment of fees and continuing education
				pursuant to 59 O.S. §
									4100.6(B),
				(C) and (D). Active-duty military service
				members seeking to maintain his or her license in good-standing may have his or
				her license renewed during active-duty, and for a period of one (1) year after
				discharge from active-duty, without:
(1)
				payment of fees; and
(2) obtaining
				continuing education credits when:
(A)
				circumstances associated with military duty prevent obtaining training and a
				waiver request has been submitted to the Board;
(B) the licensee performs social work as an
				occupation as part of his or her military duties as shown in Defense Department
				Form DD 214 (DD Form 214); or
(C)
				performing any other act typically required for the renewal of the
				license.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 31 - Post-Military Service Occupation, Education and Credentialing Rules › Section 86:20-31-3 - Reciprocal licensing of spouses of active-duty members of the Armed Forces of the United States

Current through Vol. 41, No. 20, July 1, 2024
The procedure to expedite endorsement of licensure pursuant
				  to Section
				  4100.5
				  of Title 59 of the laws of the State of Oklahoma for applicants who are
				  licensed in another state and who are the spouse of an active-duty member of
				  the Armed Forces of the United States is as follows:
(1) A license shall be issued to the
				applicant if the requirements for licensure of the other state are
				substantially equivalent to those required by this state;
(2) If specific licensure requirements in
				this state were not required in the state in which the Applicant was licensed,
				a temporary license for a set period of time shall be issued to Applicants to
				allow the person to work as a licensed behavioral practitioner while completing
				those requirements.
(3) Applicants
				who are licensed in another state and who are the spouse of an active-duty
				member of the Armed Forces of the United States seeking to make application for
				licensure may do so without payment of the application fee.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 33 - Declaration of Emergency Licensure by Endorsement Rules › Section 86:20-33-1 - Submission of verification of license

Current through Vol. 41, No. 20, July 1, 2024
An applicant applying for a non-renewable license by
				  endorsement pursuant to a declaration of emergency shall submit verification
				  stating the applicant is active and in good standing in the state in which they
				  are currently licensed. The Board may require the applicant to submit a copy of
				  the statutes and rules from the state out of which such license was
				  issued.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 33 - Declaration of Emergency Licensure by Endorsement Rules › Section 86:20-33-2 - Licensing procedures

Current through Vol. 41, No. 20, July 1, 2024
An applicant must submit an application form, related
				  documents as requested, and licensure fees.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 20 - Licensed Behavioral Practitioners › Subchapter 33 - Declaration of Emergency Licensure by Endorsement Rules › Section 86:20-33-3 - Non-renewable declaration of emergency license by endorsement

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall issue a non-renewable
				license by endorsement pursuant to a declaration of emergency to an applicant
				who is licensed or certified as a professional counselor by another state or
				territory of the United States or the District of Columbia and the following
				criteria is met:
(1) A declaration of
				emergency is issued by the Governor or the Legislature pursuant to the Oklahoma
				Emergency Management Act of 2003 or a declaration of a catastrophic health
				emergency issued by the Governor pursuant to the Catastrophic Health Emergency
				Powers Act;
(2) The applicants
				professional counselor license in the other jurisdiction is active and in good
				standing and allows the applicant to practice independently without
				supervision;
(3) The applicants
				license has never been suspended or revoked and fulfills all of the
				requirements as stated in Subchapter 7; and
(4) The applicant fulfills the requirements
				as stated in 59 O.S. 1935 (A), (B), and (C).
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 1 - General Provisions › Section 86:21-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter implement the Oklahoma Licensed
				  Behavioral Practitioner Act, (59 O.S., Sections 1930 et seq.)
Transferred from
					 310:403-1-1 by Laws 2013,
					 c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 1 - General Provisions › Section 86:21-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
When used in this Chapter, the following words or terms shall
				  have the following meaning unless the context of the sentence requires another
				  meaning:
"Act"
means Title 59, Sections
				  1930 et
				  seq. of the Oklahoma Statutes.
"Dual relationship"
means a familial, social,
				  financial, business, professional, close personal, sexual or other
				  non-therapeutic relationship with a client, or engaging in any activity with
				  another person that interferes or conflicts with the LBP's professional
				  obligation to a client.
"Face-to-face behavioral health services"
means
				  the behavioral practitioner and the client shall be in the physical presence of
				  the other in a behavioral health setting.
"Face-to-face supervision"
means the supervisor
				  and the supervisee shall be in the physical presence of the other.
"Full time practice"
means working at least 20
				  hours per week.
"Group supervision"
means two (2) to six (6) LBP
				  Candidates.
"Technology-assisted distance learning"
refers to
				  the delivery of graduate coursework or continuing education, which focuses on
				  synchronous or asynchronous instructional delivery methods. Technology-assisted
				  distance learning is designed to deliver education to students who are not in
				  the direct physical presence of the educator.
Transferred from
					 310:403-1-2 by Laws
					 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 1 - General Provisions › Section 86:21-1-3 - Prohibition

Current through Vol. 41, No. 20, July 1, 2024
Any person who is not specifically listed in Section 1932 of
				  the Act shall not practice behavioral health services or use the title Licensed
				  Behavioral Practitioner or LBP.
Transferred from
					 310:403-1-3 by Laws
					 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 1 - General Provisions › Section 86:21-1-4 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Every duty, obligation or requirement described in this
				  Chapter and imposed upon a LBP shall be applicable to every licensed behavioral
				  practitioner candidate, unless specifically provided
				  otherwise.
Transferred from
					 310:403-1-4 by Laws
					 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 3 - Advisory Board Operations › Section 86:21-3-1 - Statutory requirements

Current through Vol. 41, No. 20, July 1, 2024
In addition to those operations described in Section 1933 of
				  the LBP Act, the Advisory Board operations in this Chapter are to be in
				  effect.
Transferred from
					 310:403-3-1
					 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning
					 of this Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 3 - Advisory Board Operations › Section 86:21-3-2 - Officers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Chair.
The Chair shall
				preside at all meetings at which he or she is in attendance and perform all
				duties prescribed by law or the Board. The Chair is authorized to make
				day-to-day decisions regarding Advisory Board activities in order to facilitate
				the responsiveness and effectiveness of the Advisory Board.
(b)
Vice-chair.
The Vice-chair
				shall perform the duties of the Chair in the absence or disability of the
				Chair.
(c)
Secretary.
In the absence of the Chair and Vice-Chair, the
				Secretary will preside until the Chair or Vice-Chair is present.
Transferred from
					 310:403-3-2 by Laws
					 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 3 - Advisory Board Operations › Section 86:21-3-3 - Rules of Order

Current through Vol. 41, No. 20, July 1, 2024
Roberts Rules of Order Revised shall be the basis of
				  parliamentary decisions except as otherwise provided by the Advisory
				  Board.
Transferred from
					 310:403-3-3 by
					 Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of
					 this Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 3 - Advisory Board Operations › Section 86:21-3-4 - Subcommittees

Current through Vol. 41, No. 20, July 1, 2024
(a) The Chair with the approval of the
				Advisory Board may establish sub-committees deemed necessary to carry out
				Advisory Board responsibilities.
(b) The Chair shall appoint the members of
				the Advisory Board to serve on sub-committees.
(c) The Chair may appoint non-Advisory Board
				members to serve as sub-committee members on a consultant or voluntary basis
				subject to Advisory Board approval.
(d) The Sub-Committee Chair shall make
				regular reports to the Advisory Board in interim written reports and/or at
				regular meetings.
(e)
				Sub-Committees shall direct all reports or other materials to the Department
				for distribution.
(f)
				Sub-Committees shall meet when called by the Chair or when so directed by the
				Advisory Board.
Transferred from
					 310:403-3-4 by Laws
					 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 5 - Forms › Section 86:21-5-1 - Forms

Current through Vol. 41, No. 20, July 1, 2024
Each application shall include the following
				  documents:
(1) Application
				Form;
(2) Official transcript,
				mailed from the university or college;
(3) Internship/practicum Documentation
				Form;
(4) Three (3) Document of
				Recommendation Forms;
(5) Two (2)
				classifiable sets of fingerprints; and
(6) Fees.
Transferred from
					 310:403-5-1 by Laws 2013,
					 c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of this
					 Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 5 - Forms › Section 86:21-5-2 - Description of forms

Current through Vol. 41, No. 20, July 1, 2024
(a) The Application
				Form requires the following:
(1) Identifying
				information of applicant;
(2)
				Possession of other credentials;
(3) Previous misconduct;
(4) Education;
(5) References; and
(6) Proposed professional Practice.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-1 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
LBPs shall accept responsibility for the consequences of
				  their work and ensure that their services are used appropriately. LBPs shall
				  not participate in, condone, or be associated with dishonesty, fraud, deceit or
				  misrepresentation. LBPs shall not use their relationships with clients for
				  personal advantage, profit, satisfaction, or interest.
Transferred from
					 310:403-7-1 by
					 Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning of
					 this Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-3 - Client welfare

Current through Vol. 41, No. 20, July 1, 2024
(a)
Discrimination.
LBPs shall not, in the rendering of their
				professional services, participate in, condone, or promote discrimination on
				the basis of race, color, age, gender, religion or national origin.
(b)
Records.
(1)
Requirement of records.
LBPs
				shall maintain verifiable records necessary for rendering professional services
				to their clients for at least five (5) years beyond termination of services.
				LBPs employed at an institution or facility that has a published records
				retention policy that is equal to the retention required by this subsection
				will be deemed to be in compliance with this subsection.
(2)
Confidentiality.
LBPs shall
				maintain the confidentiality of any information received from any person or
				source about a client, unless authorized in writing by the client or otherwise
				authorized or required by law or court order.
(3)
Confidentiality of
				records.
LBPs shall be responsible for complying with the applicable
				state and federal regulations in regard to the security, safety and
				confidentiality of any behavioral health services record they create, maintain,
				transfer, or destroy whether the record is written, taped, computerized, or
				stored in any other medium.
(4)
Client access.
LBPs shall provide the client a copy of the client's
				record in accordance with state and federal laws. In situations involving
				multiple clients, access to records is limited to those parts of records that
				do not include confidential information related to another client.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-4 - Non-professional relations with clients

Current through Vol. 41, No. 20, July 1, 2024
(a)
Dual relationships.
LBPs shall not knowingly enter into a dual
				relationship(s) and shall take any necessary precautions to prevent a dual
				relationship from occurring. When the LBP reasonably suspects that he or she
				has inadvertently entered into a dual relationship the LBP shall record that
				fact in the records of the affected client(s) and take reasonable steps to
				eliminate the source or agent creating or causing the dual relationship. If the
				dual relationship cannot be prevented or eliminated and the LBP cannot readily
				refer the client to another counselor or other professional, the LBP shall
				complete one or more of the following measures as necessary to prevent the
				exploitation of the client and/or the impairment of the LBP's professional
				judgment:
(1) Fully disclose the
				circumstances of the dual relationship to the client and secure the client's
				written consent to continue providing counseling;
(2) Consult with other professional(s) to
				understand the potential impairment to the LBP's professional judgment and the
				risk of harm to the client of continuing the dual relationship;
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-5 - Responsibility to supervisees

Current through Vol. 41, No. 20, July 1, 2024
(a) LBPs
				shall not exploit the trust and dependency of supervisees.
(b) LBPs are cognizant of their potentially
				influential position with respect to supervisees, and shall not exploit the
				trust and dependency of such persons. LBPs, therefore, shall avoid dual
				relationships that impair their professional judgment or increase the risk of
				exploitation. Examples of such dual relationships include, but are not limited
				to, provision of counseling to supervisees, and business or close personal
				relationships with supervisees. Sexual intimacy with current supervisees is
				prohibited.
(c) LBPs shall not
				permit supervisees to perform or to hold themselves out as competent to perform
				professional services beyond their training, level of experience, and
				competence.
(d) LBPs shall not
				disclose supervisee confidences to anyone, except:
(1) as mandated by law;
(2) in case of clear and imminent danger to a
				person or persons;
(3) where the
				professional counselor is a defendant in a civil, criminal, or disciplinary
				action arising from the supervision (in which case client confidences may be
				disclosed only in the course of that action);
(4) if there is a waiver previously obtained
				in writing, and then such information may be revealed only in accordance with
				the terms of the waiver.
(5) to the
				Department in reporting ethical or professional concerns as a part of the
				supervision agreement.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-6 - Client fees and bartering

Current through Vol. 41, No. 20, July 1, 2024
(a)
Advance understanding.
LBPs shall clearly explain to clients, prior
				to entering the behavioral health services relationship, all financial
				arrangements related to professional services including the consequences for
				non-payment of fees.
(b)
Bartering.
LBPs may participate in bartering for services only if
				the relationship is not exploitive, if the client requests it, if a clear
				written contract is established and if such arrangements are an accepted
				practice among professionals in the community.
(c)
Tangible goods.
LBPs shall
				not barter for services rendered by the client. LBPs shall accept only tangible
				goods, at fair market value, in lieu of money for behavioral health
				services.
Transferred from
					 310:403-7-5
					 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor's Note at beginning
					 of this Chapter)
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-7 - Professional standards

Current through Vol. 41, No. 20, July 1, 2024
(a)
Violations of other laws.
It shall be unprofessional conduct for an
				LBP to violate a state or federal law if the law directly relates to the duties
				and responsibilities of the LBP or if the violation involves moral
				turpitude.
(b)
Drug and
				alcohol use.
LBPs shall not render professional services while under the
				influence of alcohol or other mind or mood altering drugs.
(c)
Updating.
LBPs shall notify
				the Department of any change in address, telephone number, and employment and
				shall make necessary adjustments on the Statement of Professional Disclosure,
				supplying an updated copy to the Department.
(d)
Candor to the Department.
An
				LBP, LBP candidate, or applicant for LBP licensure, in connection with a
				license application or an investigation conducted by the Department pursuant to
				OAC
				310:403-31-3, shall
				not:
(1) knowingly make a false statement of
				material fact;
(2) fail to disclose
				a fact necessary to correct a misapprehension known by the LBP, LBP candidate
				or applicant for licensure to have arisen in the application or the matter
				under investigation; or
(3) fail to
				respond to a demand for information made by the Department or any designated
				representative thereof, unless a request for a protective order has been first
				made pursuant to the provisions of Chapter 2 of this title, in which case the
				LBP, LBP candidate or applicant may await the decision concerning the issuance
				or denial of a protective order before making any response.
Oklahoma Administrative Code › Title 86 - State Board of Behavioral Health Licensure › Chapter 21 - Licensed Behavioral Practitioners › Subchapter 7 - Rules of Professional Conduct › Section 86:21-7-8 - Relations with the public and other professions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Misrepresentation.
LBPs shall
				not misrepresent nor accept the misrepresentation by others of the efficacy of
				the LBPs' professional services.
(b)
Credentials claimed.
LBPs
				shall claim or imply only the professional credentials possessed and shall be
				responsible for correcting any known misrepresentations of their credentials by
				others. Professional credentials include graduate degrees in behavioral health
				services or closely related mental health fields, accreditation of graduate
				programs, national voluntary certifications, government-issued certifications
				or licenses, or any other credential that might indicate to the public the
				LBPs' additional knowledge or expertise in behavioral health
				services.
(c)
The use of
				doctoral degrees and the title "Doctor. "
An LBP may use the doctoral
				degree and the title "Doctor" in advertising, practice and status as an LBP,
				only if the doctoral degree from a program in psychology and if the degree was
				granted by a regionally accredited college or university recognized by the
				United States Department of Education.
(d)
Advertisement.
When an LBP
				announces services or advertises, the LBP shall represent services to the
				public by identifying credentials in an accurate manner that is not false,
				misleading, deceptive, or fraudulent. An LBP shall only advertise the highest
				degree earned in behavioral health services or a closely related field from a
				regionally accredited college or university recognized by the U.S. Department
				of Education. All advertisements or announcements of behavioral health services
				including telephone directory listings by an LBP shall clearly state the LBP's
				licensure status by the use of a title such as "LBP", or "Licensed Behavioral
				Practitioner" or a statement such as "licensed by the Oklahoma State Department
				of Health."
(e)
License.
Each LBP shall display the original, current license in a
				prominent place in the primary location of practice.
(f)
Public statements.
When an
				LBP provides advice or comment by means of public lectures, demonstrations,
				radio or television programs, prerecorded tapes, printed articles, mailed
				material, or other media, they 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 LBP Rules of Professional Conduct; and
(3) There is no implication that a
				professional behavioral health services relationship has been
				established.