"Act" - Answer- means the Licensed Professional Counselors Act, 59 O.S. §§ 1901 et seq., as amended.
"Administrative Procedures Act" ("APA") - Answer-
... [Show More] means Article I and/or Article II of the Administrative Procedures Act, 75 O.S. §§ 250 et seq
"Applicant" - Answer- means a person who has made a formal application with the Board.
"Approved LPC Supervisor" ("Supervisor") - Answer- means an individual who meets the qualifications to become an approved supervisor and is approved by the Board pursuant to Section 86:10-11-4 of this Chapter.
"Board" - Answer- means the State Board of Behavioral Health Licensure.
"Complainant" - Answer- means any person who files a Request for Inquiry against a LPC, Candidate, or a person who delivers licensed professional counseling services without a license.
"Complaint Committee" - Answer- means one Board member who is a LPC, the Executive Director, the Assistant Attorney General and may include other appropriate individuals as determined by the Committee.
"Dual relationship" - Answer- means a familial, social, financial, business, professional, close personal, sexual or other nontherapeutic relationship with a client, or engaging in any activity with another person that interferes or conflicts with the LPC's or LPC Candidate's professional obligation to a client.
"Direct Client Contact Hours" - Answer- means the performance of therapeutic or clinical functions that includes diagnosis, assessment and treatment of mental, emotional and behavioral disorders based primarily on verbal communications and intervention with, and in the presence of, one or more clients.
"Employee" - Answer- means in accordance with 26 U.S.C. § 3121 (d): (A) Any officer of a corporation; or (B) Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of employee.
"Face-to-face supervision" - Answer- means the Supervisor and the Candidate shall be in the physical presence of the other during individual or group supervision.
"Forensic services" - Answer- means the application of knowledge, training and experience from the mental health field to the establishment of facts and/or the establishment of evidence in a court of law or ordered by a court of law.
"Formal Complaint" - Answer- means a written statement of alleged violation(s) of the Act and/or Rules which is filed by the Assistant Attorney General. The Formal Complaint schedules an Individual Proceeding before the Board in accordance with 75 O.S. §309.
"Counseling" - Answer- means the application of mental health and developmental principles in order to: a. facilitate human development and adjustment throughout the life span, b. prevent, diagnose or treat mental, emotional or behavioral disorders or associated distress which interfere with mental health, c. conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and d. plan, implement or evaluate treatment plans using counseling treatment interventions;
"Full time" - Answer- means at least twenty (20) hours of on-the-job experience per week.
"Group supervision" - Answer- means an assemblage of two (2) to six (6) Candidates.
"Home-study" or "technology-assisted distance learning" - Answer- means the delivery of graduate coursework or continuing education through mailed correspondence or other distance learning technologies, which focuses on using synchronous or asynchronous instructional delivery methods.
"Licensed Professional Counselor" ("LPC") - Answer- means a person holding a current license issued pursuant to the provision of the Professional Counselor Licensure Act.
"Licensed Professional Counselor Candidate" ("Candidate") - Answer- means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in 59 O.S. §1906.
"Licensure Committee" - Answer- means two LPC Board members, the Executive Director, and may include other appropriate individuals as determined by the Committee.
"OAC" - Answer- means the Oklahoma Administrative Code.
"On-site supervisor" - Answer- means a person who may not be an approved LPC supervisor but is licensed by the state of Oklahoma as a Licensed Marital and Family Therapist, Licensed Professional Counselor, Licensed Behavioral Practitioner, Psychologist, Clinical Social Worker, Psychiatrist, or Licensed Alcohol and Drug Counselor employed by the agency employing the LPC Candidate whose assigned job duties include acting as the immediate supervisor to the LPC Candidate and who is available to the candidate at all times when counseling services are being rendered by the LPC Candidate.
"Request for Inquiry" ("RFI") - Answer- means a written or oral statement of complaint from any person alleging possible violation(s) of the Act and/or Rules.
"Respondent" - Answer- means the person against whom an Individual Proceeding is initiated.
"Staff" - Answer- means the personnel of the Board
"Technology-assisted supervision" - Answer- refers to supervision that occurs through video teleconferencing, over secure internet connections, wherein a Supervisor and a Candidate are in separate physical locations.
"Counseling treatment interventions" - Answer- means the application of cognitive, affective, behavioral and systemic counseling strategies which include principles of development, wellness, and pathology that reflect a pluralistic society. Such interventions are specifically implemented in the context of a professional counseling relationship
"Consulting" - Answer- means interpreting or reporting scientific fact or theory in counseling to provide assistance in solving current or potential problems of individuals, groups or organizations
"Referral activities" - Answer- means the evaluating of data to identify problems and to determine the advisability of referral to other specialists
"Research activities" - Answer- means reporting, designing, conducting or consulting on research in counseling
"Specialty" - Answer- means the designation of a subarea of counseling practice that is recognized by a national certification agency or by the Board
"Supervisor" - Answer- means a person who meets the requirements established by the Board and who is licensed pursuant to the Licensed Professional Counselors Act
"Executive Director" - Answer- means the Executive Director of the State Board of Behavioral Health Licensure.
Exemptions - Answer- 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
Exempted Professions - Answer- 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.
Construction of act - Answer- 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.
exemption - Answer- 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.
exemption - Answer- 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.
Board Duties - Answer- 1. Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Licensed Professional Counselors Act, including the adoption of the State Department of Health rules by reference; 2. Adopt and establish rules of professional conduct; and 3. Set license and examination fees as required by the Licensed Professional Counselors Act.
Board Authority - Answer- 1. Seek injunctive relief; 2. Request the district attorney to bring an action to enforce the provisions of the Licensed Professional Counselors Act; 3. Receive fees and deposit said fees into the Licensed Professional Counselors Revolving Fund as required by the Licensed Professional Counselors Act; 4. Issue, renew, revoke, deny, suspend and place on probation licenses to practice professional counseling pursuant to the provisions of the Licensed Professional Counselors Act; 5. Examine all qualified applicants for licenses to practice professional counseling; 6. Request assistance from the State Board of Medical Licensure and Supervision for the purposes of investigating complaints and possible violations of the Licensed Professional Counselors Act; 7. Accept grants and gifts from various foundations and institutions; and 8. Make such expenditures and employ such personnel as the Executive Director may deem necessary for the administration of the Licensed Professional Counselors Act.
Applicant Qualifications - Answer- 1. Be possessed of good moral character; 2. Pass an examination based on standards promulgated by the Board pursuant to the Licensed Professional Counselors Act; 3. Be at least twenty-one (21) years of age; 4. Not have engaged in, nor be engaged in, any practice or conduct which would be grounds for denying, revoking or suspending a license pursuant to this title; and 5. Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Professional Counselors Act.
60 - Answer- Applicants shall have successfully completed at least (_?_) graduate semester hours (ninety (90) graduate quarter hours) of counseling-related course work. These hours shall include at least a master's degree in a counseling field. All courses and degrees shall be earned from a regionally accredited college or university. The Board shall define what course work qualifies as "counseling-related" and what degrees/majors qualify as a "counseling field"
30 - Answer- Three (3) years of supervised full-time experience in professional counseling subject to the supervision of a licensed professional counselor pursuant to conditions established by the Board. One (1) or two (2) years of experience may be gained at the rate of one (1) year for each (_?_) graduate semester hours earned beyond the master's degree, provided that such hours are clearly related to the field of counseling and are acceptable to the Board. The applicant shall have no less than one (1) year of supervised full-time experience in counseling.
2 - Answer- The Board shall preserve answers to any examination, and the applicant's performance on each section, as part of the records of the Board for a period of (_?_) years following the date of the examination.
Issuance of license - Answer- An applicant who meets the requirements for licensure pursuant to the provisions of the Licensed Professional Counselors Act, has paid the required license fees and has otherwise complied with the provisions of the Licensed Professional Counselors Act shall be licensed by the State Board of Behavioral Health Licensure.
24 - Answer- Each initial license issued pursuant to the Licensed Professional Counselors Act shall expire (_?_) months from the date of issuance unless revoked.
annually - Answer- A license may be renewed (_?_) upon application and payment of fees.
1 - Answer- Failure to renew a license shall result in forfeiture of the rights and privileges granted by the license. A person whose license has expired may make application within (_?_) year(s) following the expiration in writing to the Board requesting reinstatement in a manner prescribed by the Board and payment of the fees required by the provisions of the Licensed Professional Counselors Act. The license of a person whose license has expired for more than (_?_) year(s) shall not be reinstated.
disclosure exception - Answer- With the written consent of the client, or in the case of death or disability of the client, the consent of his personal representative or other person authorized to sue or the beneficiary of any insurance policy on his life, health or physical condition
disclosure exception - Answer- If the person is a child under the age of eighteen (18) years and the information acquired by the licensed person indicated that the child was the victim or subject of a crime, the licensed person may be required to testify fully in relation thereto upon an examination, trial or other proceeding in which the commission of such a crime is a subject of inquiry
disclosure exception - Answer- If the client waives the privilege by bringing charges against the licensed person
disclosure exception - Answer- When failure to disclose such information presents a danger to the health of any person
disclosure exception - Answer- If the licensed professional counselor is a party to a civil, criminal or disciplinary action arising from such therapy, in which case any waiver of the privilege accorded by this section shall be limited to that action
Privileges and immunities - Answer- No information shall be treated as privileged and there shall be no privileges created by the Licensed Professional Counselors Act as to any information acquired by the person licensed pursuant to the Licensed Professional Counselors Act when such information pertains to criminal acts or violation of any law.
court proceeding - Answer- The Licensed Professional Counselors Act shall not be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, battery or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of this client
Failure to comply with act - Answer- Any person who: 1. Represents himself or herself by the title "Licensed Professional Counselor" or "LPC" without having first complied with the provisions of the Licensed Professional Counselors Act; 2. Otherwise offers to perform counseling services; 3. Uses the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or 4. Practices counseling
Penalties - Answer- Failure to comply with act upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
Failure to comply with act - Answer- It shall be unlawful for any person who is not licensed or supervised pursuant to or specifically exempt from the provisions of the Licensed Professional Counselors Act to: 1. Advertise or otherwise offer to perform counseling services; 2. Use the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or 3. Practice counseling.
Denial, revocation, suspension or probation of license - Answer- 1. Been convicted of a felony; 2. Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice counseling; 3. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act; 4. Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself as a licensed professional counselor in this state; 5. Engaged in unprofessional conduct as defined by the rules established by the Board; 6. Engaged in negligence or wrongful actions in the performance of his or her duties; or 7. Misrepresented any information required in obtaining a license.
15 - Answer- 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 (_?_) days of receipt of the notice.
II - Answer- No license or specialty designation shall be suspended or revoked, nor a licensed professional counselor placed on probation until notice is served upon the licensed professional counselor and a hearing is held in conformity with Article (_?_) of the Administrative Procedures Act.
administrative penalty - Answer- Any person who is determined by the Board to have violated any provision of the Licensed Professional Counselors Act, or any rule promulgated or order issued pursuant thereto, may be subject to an (_?_)
ten thousand dollars - Answer- The maximum administrative penalty shall not exceed (_?_)
75 - Answer- The hearings provided for by the Licensed Professional Counselors Act shall be conducted in conformity with, and records made thereof as provided by, the provisions of Sections 301 through 325 of Title (_?_) of the Oklahoma Statutes.
2000 - Answer- On or before January 1, (_?_), any person holding a valid license as a Licensed Professional Counselor shall be exempt from the revised education requirements of Section 1906 of this title.
specialty designation area - Answer- A professional (_?_) may be established by the State Board of Behavioral Health Licensure upon receipt of a petition signed by fifteen qualified persons who are currently licensed as licensed professional counselors, and who meet the recognized minimum standards as established by appropriate nationally recognized certification agencies; provided, if a nationally recognized certification does not exist, the Board may establish minimum standards for specialty designations
specialty designation - Answer- Upon receipt of credentials from the appropriate certification agency, the Board may grant the licensed professional counselor the appropriate (_?_). The licensed professional counselor may attain (_?_) through examination. A licensed professional counselor shall not claim or advertise a (_?_) and shall not incorporate the (_?_) into the professional title of such licensed professional counselor, unless the qualifications and certification requirements of that (_?_) have been met and have been approved by the Board and the appropriate certification agency. [Show Less]