Oklahoma § 59-1925.15 - Denial, revocation, suspension or probation of license

§ 59-1925.15. Denial, revocation, suspension or probation of license

– Administrative hearing for applicant with felony conviction –

Definitions.

A. The State Board of Behavioral Health Licensure may deny,

revoke, suspend or place on probation any license issued subject to

the provisions of the Marital and Family Therapist Licensure Act, if

the person has:

Oklahoma Statutes - Title 59. Professions and Occupations

1. Been convicted of a felony crime that substantially relates

to the practice of counseling and poses a reasonable threat to

public safety;

2. Violated ethical standards of such a nature as to render the

person found by the Board to have engaged in such violation unfit to

practice marital and family therapy;

3. Misrepresented any information required in obtaining a

license;

4. Engaged in fraud or deceit in connection with services

rendered or in establishing needed qualifications pursuant to the

provisions of the Marital and Family Therapist Licensure Act;

5. Knowingly aided or abetted a person not licensed pursuant to

these provisions in representing himself or herself as a licensed

marital and family therapist in this state;

6. Engaged in unprofessional conduct as defined by the rules

promulgated by the Board; or

7. Engaged in negligence or wrongful actions in the performance

of the duties of such person.

B. If the Board determines that a felony conviction of an

applicant renders the convicted applicant unfit to practice

counseling, the Board shall provide notice and opportunity to the

applicant, by certified mail at the last-known address, for an

administrative hearing to contest such determination before the

Board may deny the application. The request shall be made by the

applicant within fifteen (15) days of receipt of the notice.

C. No license shall be suspended, revoked or placed on

probation until notice is served upon the licensed marital and

family therapist and a hearing is held in such manner as is required

by the Marital and Family Therapist Licensure Act.

D. Any person who is determined by the Board to have violated

any of the provisions of the Marital and Family Therapist Licensure

Act or any rule promulgated or order issued pursuant thereto may be

subject to an administrative penalty. The maximum fine shall not

exceed Ten Thousand Dollars ($10,000.00). All administrative

penalties collected pursuant to the Marital and Family Therapist

Licensure Act shall be deposited into the Licensed Marital and

Family Therapist Revolving Fund. Administrative penalties imposed

pursuant to this subsection shall be enforceable in the district

courts of this state.

E. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

Oklahoma Statutes - Title 59. Professions and Occupations

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 1990, c. 166, § 15, eff. Jan. 1, 1991. Amended by

Laws 1998, c. 295, § 25, eff. Nov. 1, 1998; Laws 2000, c. 53, § 11,

emerg. eff. April 14, 2000; Laws 2009, c. 220, § 3, eff. Nov. 1,

2009; Laws 2013, c. 229, § 24, eff. Nov. 1, 2013; Laws 2015, c. 183,

§ 12, eff. Nov. 1, 2015; Laws 2019, c. 363, § 65, eff. Nov. 1, 2019.