Oklahoma § 59-1932 - Professions excluded from application of act - Practice

§ 59-1932. Professions excluded from application of act - Practice

of other professions by LBP forbidden - Exemptions from licensure

requirements.

A. The Licensed Behavioral Practitioner 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 Behavioral Practitioner" or "LBP" be used

by such professionals:

Oklahoma Statutes - Title 59. Professions and Occupations

1. Physicians, psychologists, social workers, licensed

professional counselors, 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 the clergy and lay pastoral counselors.

B. The Licensed Behavioral Practitioner Act shall not be

construed to allow the practice of any of the professions specified

in subsection A of this section by a licensed behavioral

practitioner unless the licensed behavioral practitioner is also

licensed or accredited by an appropriate agency, institution, or

board.

C. 1. 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 Behavioral Practitioner if such

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

person with the private nonprofit agency.

2. 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,

g.

marital and family therapist, or

h.

licensed behavioral practitioner.

3. 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.

4. State agencies contracting to provide behavioral health

services shall 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.

Oklahoma Statutes - Title 59. Professions and Occupations

5. The persons exempt under the provisions of this subsection

shall provide services that are consistent with their training and

experience.

6. Agencies shall 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. 1. 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 Behavioral Practitioner if such activities

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

the private for-profit contracting agency.

2. Any person who is unlicensed and operating pursuant to the

exemptions specified in this subsection 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,

g.

marital and family therapist, or

h.

licensed behavioral practitioner.

3. 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

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.

4. State agencies contracting to provide behavioral health

services shall 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.

5. The persons exempt under the provisions of this section

shall provide services that are consistent with their training and

experience.

6. Agencies shall 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 1999, c. 133, § 3, emerg. eff. April 28, 1999.

Amended by Laws 2000, c. 53, § 15, emerg. eff. April 14, 2000.

Oklahoma Statutes - Title 59. Professions and Occupations