Oklahoma § 59-1925.3 - Application to other professionals - Exemptions

§ 59-1925.3. Application to other professionals - Exemptions

A. The Marital and Family Therapist Licensure Act shall not be

construed to apply to the following professionals while acting

within the scope of their respective professions:

1. Social workers;

2. Licensed professional counselors;

3. Psychiatric nurses;

4. Psychologists;

5. Physicians;

6. Attorneys;

7. Members of the clergy who are in good standing with their

denominations;

8. Christian Science practitioners;

9. Certified alcohol-drug counselors;

10. School administrators;

11. School counselors certified by the State Department of

Education; or

12. Employees of a recognized academic institution, and

employees of a federal, state, county or local governmental

institution or agency while performing those duties for which

employed by such institution or agency or facility.

B. 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 Marital and Family Therapist if such

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

person with the private nonprofit agency. No such person shall use

the title or description stating or implying that such person is a

licensed marital and family therapist.

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.

C. 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 Marital and Family Therapist 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 1990, c. 166, § 3, eff. Jan. 1, 1991. Amended by Laws

1998, c. 295, § 18, eff. Nov. 1, 1998.