Oklahoma § 59-1903 - Construction and application of act - Exemptions

§ 59-1903. Construction and application of act - Exemptions

A. The Licensed Professional Counselors Act shall not be

construed to include the pursuits of the following professionals

acting within the scope of their duties as such professionals, nor

shall the title "Licensed Professional Counselor" or "LPC" be used

by such professionals:

1. Physicians, psychologists, social workers, marital and

family therapists and attorneys, who are licensed by their

respective licensing authorities;

2. Rehabilitation counselors, vocational evaluation

specialists, psychiatric and mental health nurses, alcohol and drug

counselors, school administrators, school teachers and school

counselors, who are certified by their respective certifying

authorities;

3. Persons in the employ of accredited institutions of higher

education, or in the employ of local, state or federal government;

and

4. Members of clergy.

B. The Licensed Professional Counselors Act shall not be

construed to allow the practice of any of the professions specified

in subsection A of this section by a licensed professional counselor

unless said licensed professional counselor is also licensed or

accredited by an appropriate agency, institution or board.

C. 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 with the state shall be exempt

from licensure as a Licensed Professional Counselor if such

activities and services are a part of the official duties of such

person with the private nonprofit agency.

Oklahoma Statutes - Title 59. Professions and Occupations

1. Any person who is unlicensed and operating under these

exemptions shall not use any of the following official titles or

descriptions:

a.

psychologist, psychology or psychological,

b.

licensed social worker,

c.

clinical social worker,

d.

certified rehabilitation specialist,

e.

licensed professional counselor,

f.

psychoanalyst, or

g.

marital and family therapist.

2. Such exemption to the provisions of this section shall apply

only while the unlicensed individual is operating under the auspices

of a contract with the state and within the employ of the nonprofit

agency contracting with the state. Such exemption will not be

applicable to any other setting.

3. 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 section 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.

D. 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, shall be exempt from

licensure as a Licensed Professional Counselor if such activities

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

the private for-profit contracting agency.

1. Any person who is unlicensed and operating under these

exemptions shall not use any of the following official titles or

descriptions:

a.

psychologist, psychology or psychological,

b.

licensed social worker,

c.

clinical social worker,

d.

certified rehabilitation specialist,

e.

licensed professional counselor,

f.

psychoanalyst, or

g.

marital and family therapist.

2. Such exemption to the provisions of this section 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

Oklahoma Statutes - Title 59. Professions and Occupations

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.

3. 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 section 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.

Added by Laws 1985, c. 145, § 3, eff. Sept. 1, 1985. Amended by

Laws 1995, c. 167, § 2, eff. Nov. 1, 1995; Laws 1998, c. 153, § 3,

emerg. eff. April 27, 1998; Laws 1998, c. 295, § 3, eff. Nov. 1,

1998.