Oklahoma Administrative Code Title 86 - State Board of Behavioral Health Licensure
Oklahoma Administrative Code Title 86 – State Board of Behavioral Health Licensure
Overview
Title 86 governs the State Board of Behavioral Health Licensure (SBBHL), which regulates the licensing, oversight, and discipline of behavioral health professionals in Oklahoma. This includes professions such as licensed professional counselors (LPCs), licensed marriage and family therapists (LMFTs), licensed behavioral practitioners (LBPs), and licensed substance abuse counselors (LSACs).
The Board’s mission is to protect public health and safety by ensuring that only qualified and ethical behavioral health professionals are licensed and practicing within the state.
Key Provisions of Title 86
1. Licensing Requirements
Specifies educational, experiential, and examination requirements for initial licensure.
Different licensing categories have specific prerequisites (e.g., LPC, LMFT, LBP, LSAC).
Requires applicants to submit documentation, complete background checks, and demonstrate moral character.
License renewal is periodic, contingent upon continuing education and adherence to professional standards.
2. Scope of Practice
Defines the scope of practice for each licensed category.
LPCs provide counseling services; LMFTs focus on marital and family therapy; LBPs offer behavioral interventions; LSACs specialize in substance abuse counseling.
Each licensee must practice within their authorized scope and follow ethical guidelines.
3. Code of Ethics and Professional Conduct
Establishes standards for professional behavior including confidentiality, informed consent, avoidance of dual relationships, and maintaining competence.
Prohibits misconduct such as fraud, substance abuse, exploitation, or negligence.
Licensees must report any criminal convictions or professional disciplinary actions.
4. Complaint and Disciplinary Process
The Board receives and investigates complaints against licensees.
Grounds for discipline include unprofessional conduct, violation of licensing laws or rules, incompetence, and ethical violations.
Disciplinary actions can include reprimand, probation, suspension, or revocation.
Licensees have rights to due process, including notice, hearing, and appeal.
5. Examinations and Continuing Education
Requires successful completion of Board-approved examinations.
Mandates continuing education to ensure ongoing professional development.
Establishes criteria for acceptable coursework and training.
6. Investigations and Enforcement
The Board may conduct investigations, subpoena witnesses, and obtain evidence.
It enforces compliance through administrative actions and coordinates with law enforcement if necessary.
Maintains records of disciplinary actions for public access to ensure transparency.
Explanation of How Title 86 Functions
The Board acts as a regulatory guardian for the behavioral health professions, ensuring ethical, competent, and professional practice.
Licensing requirements establish minimum qualifications to protect consumers.
Ethical standards and disciplinary powers provide a mechanism to hold practitioners accountable.
The Board’s enforcement authority ensures that violations of professional conduct are investigated and sanctioned, fostering public trust in behavioral health services.
Continuing education mandates promote ongoing competence and awareness of evolving best practices.
Case Law Example (Hypothetical within Oklahoma Context)
Anderson v. State Board of Behavioral Health Licensure (Fictitious for illustration)
Facts: A licensed counselor’s license was suspended for repeated violations of confidentiality and failure to maintain professional boundaries. The counselor contested the suspension, arguing procedural irregularities and excessive penalty.
Issue: Whether the Board followed proper procedures and acted within its authority in suspending the license.
Holding: The court upheld the Board’s suspension, concluding that the Board complied with due process requirements, the evidence supported violations of ethical standards, and the disciplinary action was proportional to protect public safety.
Significance: Affirms the Board’s broad authority to regulate and discipline licensees in behavioral health professions and the importance of adhering to ethical standards.
Summary
The Oklahoma Administrative Code Title 86 - State Board of Behavioral Health Licensure provides a comprehensive regulatory framework ensuring that behavioral health professionals in Oklahoma meet rigorous standards of education, ethics, and professional conduct. The Board’s powers include licensing, monitoring compliance, investigating complaints, and imposing disciplinary actions. Case law reinforces the Board’s authority and the importance of due process in its regulatory functions.
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