Oklahoma § 59-1353 - License required - Activities exempt

§ 59-1353. License required - Activities exempt

No person shall represent himself or herself as a psychologist

or engage in the practice of psychology unless the person is

licensed pursuant to the provisions of the Psychologists Licensing

Act. The provisions of the Psychologists Licensing Act shall not

apply to:

Oklahoma Statutes - Title 59. Professions and Occupations

1. The teaching of psychology, the conduct of psychological

research, or the provision of psychological services or consultation

to organizations or institutions; provided, that such teaching,

research, or service does not involve the delivery or supervision of

direct psychological services to individuals or groups of

individuals who are themselves, rather than a third party, the

intended beneficiaries of the services, without regard to the source

or extent of payment for services rendered. Nothing in the

Psychologists Licensing Act shall prevent the provision of expert

testimony by psychologists who are otherwise exempt from the

provisions of Section 1351 et seq. of this title. Persons holding

an earned doctoral degree in psychology from an institution of

higher education may use the title "psychologist" in conjunction

with the activities permitted by this subsection;

2. Qualified members of other professions, including, but not

limited to, physicians, licensed social workers, licensed

professional counselors, licensed marital and family therapists, or

pastoral counselors, doing work of a psychological nature consistent

with their training and consistent with the code of ethics of their

respective professions provided they do not hold themselves out to

the public by any title or description incorporating the word

psychological, psychologist, or psychology, or derivatives thereof,

excluding psychotherapy;

3. The activities, services, and use of an official title by a

person in the employ of a state agency, if such activities,

services, and use are a part of the duties of the office or position

of such person within an agency or institution;

4. The activities and services of a person in the employ of a

private, nonprofit behavioral services provider contracting with the

state to provide behavioral services to the state if such activities

and services are a part of the official duties of such person with

the private nonprofit agency.

a.

Any person who is unlicensed and operating under these

exemptions shall not use any of the following official

titles or descriptions or derivatives thereof:

(1) psychologist, psychology or psychological,

(2) licensed social worker,

(3) clinical social worker,

(4) certified rehabilitation specialist,

(5) licensed professional counselor,

(6) psychoanalyst, or

(7) marital and family therapist.

b.

Such exemption to the provisions of the Psychologists

Licensing Act shall apply only while the unlicensed

individual is operating under the auspices of a

contract with the state and within the employ of the

Oklahoma Statutes - Title 59. Professions and Occupations

nonprofit agency contracting with the state. Such

exemption will not be applicable to any other setting.

c.

State agencies contracting to provide behavioral

health services will strive to ensure that quality of

care is not compromised by contracting with external

providers and that the quality of service is at least

equal to the service that would be delivered if that

agency were able to provide the service directly. The

persons exempt under the provisions of this act shall

provide services that are consistent with their

training and experience. Agencies will also ensure

that the entity with which they are contracting has

qualified professionals in its employ and that

sufficient liability insurance is in place to allow

for reasonable recourse by the public;

5. The activities and services of a person in the employ of a

private, for-profit behavioral services provider contracting with

the state to provide behavioral services to youth and families in

the care and custody of the Office of Juvenile Affairs or the

Department of Human Services on March 14, 1997, if such activities

and services are a part of the official duties of such person with

the private for-profit contracting agency.

a.

Any person who is unlicensed and operating under these

exemptions shall not use any of the following official

titles or descriptions or derivatives thereof:

(1) psychologist, psychology or psychological,

(2) licensed social worker,

(3) clinical social worker,

(4) certified rehabilitation specialist,

(5) licensed professional counselor,

(6) psychoanalyst, or

(7) marital and family therapist.

b.

Such exemption to the provisions of this act shall

apply only while the unlicensed individual is

operating under the auspices of a contract with the

state and within the employ of the for-profit agency

contracting with the state. Such exemption shall only

be available for ongoing contracts and contract

renewals with the same state agency and will not be

applicable to any other setting.

c.

State agencies contracting to provide behavioral

health services will strive to ensure that quality of

care is not compromised by contracting with external

providers and that the quality of service is at least

equal to the service that would be delivered if that

agency were able to provide the service directly. The

persons exempt under the provisions of this act shall

Oklahoma Statutes - Title 59. Professions and Occupations

provide services that are consistent with their

training and experience. Agencies will also ensure

that the entity with which they are contracting has

qualified professionals in its employ and that

sufficient liability insurance is in place to allow

for reasonable recourse by the public;

6. The activities and services of a student, intern, or

resident in psychology, pursuing a course of study at a university

or college that is regionally accredited by an organization

recognized by the United States Department of Education, or working

in a training center recognized by that university or college, if

the activities and services constitute a part of the supervised

course of study for the student, intern, or resident;

7. Individuals who have been certified as school psychologists

by the State Department of Education. They shall be permitted to

use the term "certified school psychologist". Such persons shall be

restricted in their practice to employment within those settings

under the purview of the State Board of Education;

8. The activities and services of a person who performs

psychological services pursuant to the direct supervision of a

licensed psychologist or psychiatrist or an applicant for licensure

who is engaged in the applicant's postdoctoral year of supervision.

Such person shall be subject to approval by the Board and to such

rules as the Board may prescribe pursuant to the provisions of the

Psychologists Licensing Act;

9. The activities and services of a nonresident of this state

who renders consulting or other psychological services if such

activities and services are rendered for a period which does not

exceed in the aggregate more than five (5) days during any year and

if the nonresident is authorized pursuant to the laws of the state

or country of the person's residence to perform these activities and

services. Such person shall inform the Board prior to initiation of

services;

10. The activities and services of a nonresident of this state

who renders consulting or other psychological services if such

activities and services are rendered in cooperation with the

American Red Cross or as a member of the Disaster Response Network

of the American Psychological Association. The Board shall be

informed prior to initiation of services; or

11. For one (1) year, the activities and services of a person

who has recently become a resident of this state and has had his or

her application for licensing accepted by the Board, and if the

person was authorized by the laws of the state or country of his or

her former residence to perform such activities and services.

Added by Laws 1965, c. 347, § 3, emerg. eff. June 28, 1965. Amended

by Laws 1984, c. 34, § 2, operative July 1, 1984; Laws 1991, c. 144,

§ 2, eff. July 1, 1991; Laws 1993, c. 168, § 5, eff. Sept. 1, 1993;

Oklahoma Statutes - Title 59. Professions and Occupations

Laws 1998, c. 291, § 1; Laws 1999, c. 1, § 17, emerg. eff. Feb. 24,

1999; Laws 2016, c. 169, § 2, eff. Nov. 1, 2016; Laws 2019, c. 267,

§ 1, eff. Nov. 1, 2019.

NOTE: Laws 1998, c. 153, § 2 repealed by Laws 1999, c. 1, § 45,

emerg. eff. Feb. 24, 1999.