Oklahoma Administrative Code
Title 86 - State Board of Behavioral Health Licensure
Chapter 21 - Licensed Behavioral Practitioners

Codified 11-1-13

Effective 11-1-13, as set forth in House Bill 1467 (2013), "[a]ll powers, duties, responsibilities . . . of the State Board of Health, the State Department of Health, and the State Commissioner of Health relating exclusively to the regulation of . . . Licensed Behavioral Practitioners are hereby transferred and shall be placed under the authority of the State Board of Behavioral Health Licensure" [HB 1467 (2013), § 3(A)]. The following provisions in HB 1467 address the disposition of related rules: . Section 3 (not to be codified in the Oklahoma Statutes) provides that "[u]pon the effective date of this act, all administrative rules promulgated by the State Board of Health relating to . . . the Licensed Behavioral Practitioner Act shall be transferred to and become a part of the administrative rules of the State Board of Behavioral Health Licensure" [HB 1467 (2013), § 3(F)]. Therefore, on 11-1-13, the rules in Chapter 403 of the Department of Health's Title 310 [OAC 310:403] became a part of this Chapter 21 of the State Board of Behavioral Health Licensure's Title 86 [OAC 86:21]. This 2014 OAC Supplement reflects the transfer of those rules. HB 1467 also directs the Secretary of State's office to provide notice in the Oklahoma Register of the transfer of such rules [see Editor's Notice published at 32 Ok Reg 107 ]. . Section 28 (amending 59 O.S., § 1934) directs the State Board of Behavioral Health Licensure to "[p]rescribe, adopt and promulgate rules to implement and enforce the provisions of the Licensed Behavioral Practitioner Act, including the adoption of the State Department of Health rules by reference; [a]dopt and establish rules of professional conduct; and [s]et license and examination fees as required by the Licensed Behavioral Practitioner Act" [HB 1467 (2013), § 28(A)]. The State Board of Behavioral Health Licensure did not adopt the State Department of Health rules by reference. On 4-23-14, the Governor approved emergency rules adopted by the State Board of Behavioral Health Licensure in a new Chapter 20 in Title 86 relating to the Licensed Behavioral Practitioner Act. By law, emergency rules are published in the Register after the Governor's approval, but they are not published in the OAC [75 O.S., §§ 253(E) and 256(A)(3)]. However, citations to the Register publication of emergency rules are added to source notes of the affected sections in the OAC. As of the 8-15-14 cutoff date for this 2014 OAC Supplement, the Board had not yet filed the approved emergency rules with the OAR for publication in the Oklahoma Register; therefore, a citation to the official Register publication of these rules cannot be provided at this time. However, the text of the emergency rules, as submitted to the Governor for approval, can be found at https://www.ok.gov/state/filings/public_search.php. The emergency rules will expire on 9-15-15, unless superseded by permanent rules or disapproved by the Legislature prior to their expiration.

Authority: HB 1647 (2013), §§ 3 and 28