1.1 The Oklahoma LPC Act and BBHL Authority

Statutory Foundation of the LPC Act (Title 59)

The Licensed Professional Counselors Act, codified in Title 59 of the Oklahoma Statutes, Section 1901 et seq. (59 O.S. §§ 1901-1920), represents the foundational statutory framework governing the practice of professional counseling in the State of Oklahoma. The Act serves a critical public safety function. Under 59 O.S. § 1901, the declared policy of the state is that the practice of professional counseling is closely related to the public health, safety, and welfare. Consequently, the state regulates counseling to protect the public from the unauthorized, unqualified, or unprofessional practice of counseling. This guarantees that clients can rely on the competence and integrity of licensed professionals.

The State Board of Behavioral Health Licensure (BBHL)

At the center of this regulatory system is the State Board of Behavioral Health Licensure (BBHL), which derives its administrative and enforcement powers directly from the legislature under 59 O.S. § 6001. The BBHL is not a permanent, unreviewed body; rather, it is subject to the Oklahoma Sunset Act, which mandates periodic legislative review. Under this law, the Board must be periodically re-created by the legislature following an evaluation of its effectiveness in protecting the public. If the legislature fails to re-create the Board, it would cease to exist. This mechanism ensures ongoing legislative oversight of the Board's activities.

Statutorily, the BBHL consists of eleven (11) members appointed by the Governor with the advice and consent of the Senate. The composition of the Board is carefully structured to balance professional expertise with public representation:

• Four (4) members who are Licensed Professional Counselors (LPCs);
• Three (3) members who are Licensed Marital and Family Therapists (LMFTs);
• Two (2) members who are Licensed Behavioral Practitioners (LBPs); and
• Two (2) members representing the general public who possess a demonstrated interest or knowledge in counseling issues.

Board members serve three-year staggered terms. Vacancies are filled in the same manner as the original appointments, and the Governor may remove any member for misconduct, incompetency, or neglect of duty. The Board meets between two and four times annually. A majority of members constitutes a quorum to transact business, vote on rules, and issue licenses.

To facilitate professional oversight, the Board relies on advisory committees. The LPC Advisory Committee is composed of professional members who advise the Board on matters specific to Licensed Professional Counselors, such as curriculum evaluation, exam standards, and specialized rules.

Board Powers and Scope of Counseling Practice

Under 59 O.S. § 1904, the Board is vested with broad powers and duties to administer the LPC Act. These include:

• Establishing qualifications and requirements for licensure;
• Reviewing and approving applications for LPC candidates and licensees;
• Promulgating rules under the Oklahoma Administrative Code (specifically Title 86, Chapter 10) to govern the conduct of LPCs and candidates;
• Investigating complaints of ethical or statutory violations;
• Conducting formal disciplinary hearings and administering sanctions;
• Issuing subpoenas for witnesses and documents related to investigations; and
• Imposing administrative fines and civil penalties for violations of the Act.

The scope of practice for LPCs is defined under 59 O.S. § 1902. Counseling is defined as the application of mental health, psychotherapeutic, or human development principles to facilitate personal, social, career, or interpersonal development and to address mental, emotional, cognitive, or behavioral disorders. The scope includes 'counseling treatment' (the application of cognitive, affective, behavioral, and systemic counseling strategies), 'appraisal activities' (selecting, administering, and interpreting assessment instruments), and 'referral activities'. LPCs are authorized to diagnose and treat mental disorders, a critical clinical capability.

Statutory Exemptions and Unlicensed Practice Penalties

However, the Act also provides for specific exemptions (59 O.S. § 1903). These exemptions ensure that the Act does not interfere with the practice of other recognized professions, provided these individuals do not hold themselves out as 'Licensed Professional Counselors' or 'LPCs'. Exempted groups include:

• Licensed psychologists, social workers, marital and family therapists, and other licensed health professionals practicing within their statutory scopes;
• Members of the clergy acting in their ministerial capacity;
• Students enrolled in accredited counseling programs, provided their counseling activities are part of an approved course of study and they are designated as 'counseling interns' or 'practicum students';
• Employees of federal, state, or local government agencies practicing within their official employment scope; and
• Researchers or educators presenting academic materials or conducting research.

Unlicensed practice is treated with severe legal gravity in Oklahoma. Under 59 O.S. § 1920, any person who practices counseling, represents themselves as an LPC, or uses the title 'LPC' without a valid license or active candidate status is guilty of a misdemeanor. Upon conviction, the individual is subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), imprisonment in the county jail for a term not to exceed six (6) months, or both. Additionally, the Board can seek civil injunctions in district court to halt unlicensed practice and impose administrative fines of up to One Thousand Dollars ($1,000.00) per violation, with each day of continued violation constituting a separate offense.