59 O.S., §§ 1901 et seq. and 1905(A); 63 O.S.,§ 1-106.1

Codified 12-31-91

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 Professional Counselors. . . 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 Professional Counselors 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)]. HB 1467 also directed the Office of Administrative Rules to place the transferred rules under the Administrative Code section of the State Board of Behavioral Health Licensure [see Editor’s Notice published at 32 Ok Reg 109].Therefore, on 11-1-13, the rules in this Chapter 405 of the Department of Health’s Title 310 [OAC 310:405] were transferred to a new Chapter 11 of the State Board of Behavioral Health Licensure’s Title 86 [OAC 86:11].For rules related to Licensed Professional Counselors that were editorially transferred from this Chapter 405 on 11-1-13 pursuant to HB 1467 (2013), § 3, see Chapter 11 of OAC Title 86. • Section 6 (amending 59 O.S., § 1905) directs the State Board of Behavioral Health Licensure to “[p]rescribe, adopt and promulgate rules to implement and enforce the provisions of the Licensed Professional Counselors 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 Professional Counselors Act” [HB 1467 (2013), § 6(A)]. Although the State Board of Behavioral Health Licensure did not "adopt the State Department of Health rules by reference," the Board did adopt rules in a new Chapter 10 of Title 86, first by emergency action effective 4-23-14 and later by permanent action effective 9-11-15. For emergency rules related to Licensed Professional Counselors that were promulgated by the State Board of Behavioral Licensure pursuant to HB 1467 (2013), § 6, and were effective from 4-23-15 through 9-10-15, see 32 Ok Reg 139.For permanent rules related to Licensed Professional Counselors that were promulgated by the State Board of Behavioral Licensure to supersede the emergency rules, effective 9-11-15, see Chapter 10 of OAC Title 86.