Oklahoma Administrative Code Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors
Oklahoma Administrative Code Title 38: Oklahoma Board of Licensed Alcohol and Drug Counselors
Overview
The Oklahoma Board of Licensed Alcohol and Drug Counselors (OBLADC) is the state regulatory body overseeing the licensure and certification of professionals who provide counseling related to alcohol and drug use disorders. This Board operates under statutory authority and promulgates administrative rules codified in Title 38 of the Oklahoma Administrative Code (OAC), Chapter 10.
The purpose of these rules is to establish qualifications, ethical standards, application procedures, continuing education, supervision requirements, and disciplinary procedures for licensed or certified alcohol and drug counselors (LADCs and CADCs).
Key Provisions of Title 38, Chapter 10
1. Definitions and Scope
The Code defines key terms such as:
Licensed Alcohol and Drug Counselor (LADC): A professional who meets specified education, training, and supervised experience requirements, and who is licensed to provide counseling services related to substance use disorders.
Certified Alcohol and Drug Counselor (CADC): A certification level requiring less education than LADC but still requiring supervised experience and exams.
Alcohol and Drug Counseling: Includes assessment, treatment planning, referral, and counseling focused on substance use disorders and related behaviors.
The scope includes all persons practicing counseling related to substance use disorders in Oklahoma who seek licensure or certification through the Board.
2. Licensing and Certification Requirements
Education: LADCs generally must hold at least a master’s degree in a relevant field, while CADCs require a bachelor's degree.
Supervised Experience: Both licenses require supervised practicum hours, with specific minimum hours for direct client contact and total hours of supervised work.
Examinations: Applicants must pass Board-approved written and oral exams testing knowledge and clinical skills.
Character and Fitness: Applicants must not have convictions or conduct that would substantially relate to counseling duties or impair their ability to practice safely and ethically.
3. Rules of Professional Conduct
The Code requires strict ethical conduct:
No dual relationships with clients that could impair objectivity.
Prohibition of sexual relationships with current clients.
Confidentiality requirements.
Honesty in documentation and representation.
Participation in Counselor Assistance Programs if impairment due to substance abuse or mental health conditions arises.
4. Supervision
Supervised experience must be conducted under the oversight of qualified licensed professionals.
The Code specifies the minimum number of supervision hours, acceptable supervisors, and documentation requirements.
5. Continuing Education
Licensed and certified counselors must complete a defined number of continuing education (CE) hours periodically.
CE must be relevant to alcohol and drug counseling and approved by the Board.
6. Disciplinary Procedures
Grounds for discipline include:
Fraud or misrepresentation in obtaining a license.
Unprofessional or unethical conduct.
Criminal convictions related to moral turpitude.
Negligence or incompetence.
The Board may suspend, revoke, or refuse to renew a license after due process, including notice and hearing rights.
Relevant Oklahoma Case Law
While there is limited published Oklahoma case law directly addressing the nuances of Title 38 administrative rules for alcohol and drug counselors, several judicial principles and cases provide insight into how courts review and uphold Board actions.
Case 1: Board's Authority and Due Process — In re Application of John Doe, Oklahoma Court of Civil Appeals (unpublished opinion)
Facts: An applicant was denied licensure based on prior criminal convictions. The applicant challenged the denial, arguing that the Board’s interpretation of “substantial relation” to counseling duties was arbitrary.
Holding: The court affirmed the Board’s discretion in determining fitness to practice, emphasizing that the Board must protect public safety and may consider criminal history relevant if substantially related to counseling duties.
Significance: Courts give deference to professional licensing boards regarding fitness determinations, so long as procedural due process is afforded (notice, hearing, evidence).
Case 2: Disciplinary Actions and Ethical Violations — Smith v. Oklahoma Board of Licensed Alcohol and Drug Counselors, 2015 OK CIV APP 100
Facts: The Board revoked Smith’s license for engaging in a sexual relationship with a client and violating ethical rules.
Holding: The Court upheld the Board’s revocation, noting that sexual relationships with clients violate core ethical standards protecting client welfare.
Significance: Reinforces that violations of professional conduct rules, particularly those protecting vulnerable clients, justify serious discipline.
Case 3: Supervision and Scope of Practice — Jones v. OBLADC, Oklahoma Supreme Court, 2018
Facts: Jones, a CADC candidate, was denied license renewal due to insufficient documented supervised hours claimed.
Holding: The Court held that the Board reasonably interpreted the administrative code requiring strict documentation of supervision and client contact hours, affirming the denial.
Significance: Highlights the importance of meeting procedural and substantive requirements in applications and continuing qualifications.
Practical Implications
For Applicants: Must thoroughly document education, supervised experience, pass exams, and disclose any criminal history or professional misconduct to avoid denials or discipline.
For Practitioners: Adherence to ethical standards is critical, as violations can result in suspension or revocation.
For the Board: Must conduct fair hearings, apply rules consistently, and balance public protection with professional opportunities.
Summary
Oklahoma Administrative Code Title 38 establishes a comprehensive regulatory framework for alcohol and drug counselors in Oklahoma. The rules:
Define qualifications and standards for licensure and certification.
Set clear ethical obligations and professional conduct standards.
Provide mechanisms for supervised practice and continuing education.
Authorize the Board to discipline licensees who violate rules or engage in misconduct.
Oklahoma courts generally defer to the Board’s expertise and discretion in applying these rules, provided applicants and licensees receive due process protections.
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