Administrative Procedures Act" ("APA") - Answer- means Article I and/or Article II of the Administrative Procedures Act, 75 O.S. §§ 250 et
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"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.
"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.
"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.
"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.
Requirement of records - Answer- LPCs shall maintain verifiable, accurate and truthful records necessary for rendering professional services to their clients for LEAST FIVE (5) YEARS beyond termination of services. LPCs employed at an institution or facility that has a published records retention policy that is equal to the retention required by this subsection will be deemed to be in compliance with this subsection.
Confidentiality. - Answer- LPCs shall maintain the confidentiality of any information received from any person or source about a client, unless authorized in writing by the client or otherwise authorized or required by law or court order.
Confidentiality of records - Answer- LPCs shall be responsible for complying with the applicable state and federal regulations in regard to the security, safety and confidentiality of any counseling record they create, maintain, transfer, or destroy whether the record is written, taped, computerized, or stored in any other medium.
Client access. - Answer- LPCs shall provide the client with a copy of the client's record in accordance with state and federal laws. In situations involving multiple clients, access to records is limited to those parts of records that do not include confidential information related to another client.
Providing counseling to persons of prior association. - Answer- LPCs shall not undertake to provide counseling to any person with whom the LPC has had any prior sexual contactconduct, as defined by the Board. or LPCs shall not undertake to provide counseling to any person with whom the LPC has had familial, any prior social, financial, business, professional, close personal, or other nontherapeutic relationship with a client, or engage in any activity with another person that interferes or conflicts with the LPCs professional obligation to a client within the previous FIVE (5) YEARS.
Dual relationships. - Answer- LPCs shall not knowingly enter into a dual relationship(s) and shall take any necessary precautions to prevent a dual relationship from occurring. When the LPC reasonably suspects that he or she has inadvertently entered into a dual relationship the LPC shall record that fact in the records of the affected client(s) and take reasonable steps to eliminate the source or agent creating or causing the dual relationship. If the dual relationship cannot be prevented or eliminated and the LPC cannot readily refer the client to another counselor or other professional, the LPC shall complete one or more of the following measures as necessary to prevent the exploitation of the client and/or the impairment of the LPC's professional judgment: (1) Fully disclose the circumstances of the dual relationship to the client and secure the client's written consent to continue providing counseling; (2) Consult with the other professional(s) to understand the potential impairment to the LPC's professional judgment and the risk of harm to the client of continuing the dual relationship.
Interaction with former clients. - Answer- LPCs shall not knowingly enter into a close personal relationship, or engage in any business or financial dealings with a former client for FIVE YEARS after the termination of the counseling relationship. LPCs shall NOT engage in any activity that is or may be sexual in nature, as defined by the Board, with a former client AT ALL after the termination of the counseling relationship. Sexual conduct with former clients IS PROHIBITED. LPCs shall not exploit or obtain an advantage over a former client by the use of information or trust gained during the counseling relationship.
Invasion of privacy. - Answer- LPCs shall NOT make inquiry into persons or matters that are not reasonably calculated to assist or benefit the counseling process.
Private or independent practice. - Answer- No person may engage in the private or independent practice of professional counseling work or open a facility with the intent of providing private or independent counseling practice unless that person: (1) is licensed under this Act as a Licensed Professional Counselor; and, (2) has met all requirements of OAC Section 86:10-11-5 of the LPC Regulations and all other requirements under the Act rules; and (3) has continued to meet all continuing education requirements set forth in Subchapter 17 of this Chapter.
Referral. - Answer- (1) If LPCs determine that they are unable to be of professional assistance to a client, the LPC shall not enter a counseling relationship. LPCs shall refer clients to appropriate sources when indicated. If the client declines the suggested referral, the LPC shall terminate the relationship. (2) LPCs shall not abandon or neglect current clients in treatment without making reasonable arrangements for the continuation of such treatment. (3) When an LPC becomes cognizant of a disability or other condition that may impede, undermine or otherwise interfere with the LPC's duty of responsibility to the current client, including a suspension of the LPC's license or any other situation or condition described in subchapter 3 of these rules, the LPC shall promptly notify the client in writing of the presence or existence of the disability or condition and take reasonable steps to timely terminate the therapeutic relationship.
Violations of other laws. - Answer- It shall be unprofessional conduct for an LPC to plead guilty to or no contest to or be convicted of a state or federal statute if the violation directly relates to the duties and responsibilities of the counselor or if the violation involves moral turpitude.
Sexual conduct. - Answer- Current and previous clients. Sexual conduct with current and previous clients is prohibited.
Supervisees. - Answer- LPCs shall not engage in sexual conduct with supervisees and shall not supervise persons with whom they have had a sexual relationship within the previous five (5) years. LPCs shall not engage in sexual contact with supervisees they have supervised within the previous five (5) years.
Updating. - Answer- LPCs shall notify the Board of any change in their contact information, including by not limited to: mailing address, telephone number, and place of employment, name and email address, WITHIN FOURTEEN (14) DAYS of the change
Candor to the Board. - Answer- A LPC or applicant for LPC licensure, in connection with a license application or an investigation conducted by the Board or the Board's designee pursuant to OAC 86:10-29-1 through 15, shall not: (1) knowingly make a false statement of material fact; (2) fail to disclose a fact necessary to correct a misapprehension known by the LPC, LPC candidate or applicant for licensure to have arisen in the application or the matter under investigation; or (3) fail to respond to a demand for information made by the Board or any designated representative thereof.
Application materials and forms - Answer- Each application shall include the following documents: (1) Application form, (2) Official transcript(s), Internship/Practicum documentation form, Completed criminal background check, and (65) Fees. (b) The Application Form requires the following: (1) Identifying information; (2) Possession of other credentials; (3) Previous misconduct; (4) Education; and (6) (5)Proposed professional practice.
The Internship/Practicum Documentation form requires the following: - Answer- Identifying information; and (2) Time, place, location of practicum.
The Supervision Agreement requires identifying information of supervisee and supervisor as follows.: - Answer- (1) Name of candidate; (2) Name of candidate's place of employment; (3) Location supervised experience hours are being accrued; (4) Candidate's contact information; (5) Signature of Candidate; (6) Name of Approved LPC Supervisor; (7) Name of Approved LPC Supervisor's place of employment; (8) LPC Approved Supervisor's contact information; (9) Signature of LPC Approved Supervisor; (10) Name of On-Site Supervisor; (11) On-Site Supervisor's licensure information; (12) Name of On-Site Supervisor's place of employment; (13) On-Site Supervisor's contact information; (14) Signature of On-Site Supervisor.
The Licensure Verification Request Form requires the following information: - Answer- (1) Name of licensee; (2) Licensee license number; and (3) Licensee license type. (if) The Out-of-State Licensure Verification Form requires the following information: (1) Identifying information; (2) Type of credential held in other state; (3) License number; (4) Issue and expiration date of license; (5) Current standing of license; (6) Past complaints or sanctions; (7) Exam information; (8) Supervision information; (9) Graduate education; (10) Internship documentation; and (11) Signature and identifying information of person verifying from out-of-state.
The Mailing Addresses Request/Order Form requires the following information: - Answer- Type of licensure list requested; (2) Format requested; and (3) Identifying information of person making request. [Show Less]