Oklahoma § 59-1941 - Denial, revocation, suspension, or placement on probation

§ 59-1941. Denial, revocation, suspension, or placement on 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 or specialty

designation issued pursuant to the provisions of the Licensed

Behavioral Practitioner Act to a licensed behavioral practitioner,

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 behavioral health and poses a reasonable threat

to public safety;

2. Engaged in fraud or deceit in connection with services

rendered or in establishing needed qualifications pursuant to the

provisions of this act;

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

these provisions in representing himself or herself as a licensed

behavioral practitioner in this state;

4. Engaged in unprofessional conduct as defined by the rules

established by the Board;

5. Engaged in negligence or wrongful actions in the performance

of the licensee's duties; or

6. Misrepresented any information required in obtaining a

license.

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 or specialty designation shall be suspended or

revoked, nor a licensed behavioral practitioner placed on probation,

until notice is served upon the licensed behavioral practitioner and

a hearing is held in conformity with Article II of the

Administrative Procedures Act.

D. 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

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 1999, c. 133, § 12, emerg. eff. April 28, 1999.

Amended by Laws 2009, c. 220, § 4, eff. Nov. 1, 2009; Laws 2013, c.

229, § 34, eff. Nov. 1, 2013; Laws 2015, c. 183, § 13, eff. Nov. 1,

2015; Laws 2019, c. 363, § 67, eff. Nov. 1, 2019.