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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 38. Oklahoma Board of Licensed Alcohol and Drug Counselors |
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Chapter 1. Administration |
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Subchapter 1. Individual Proceedings |
SECTION 38:1-1-2. Definitions
Latest version.
- The following words or terms shall have the following meaning unless the context clearly indicates otherwise:"Act" means Title 59 O.S., §§ 1870 et seq. of the Oklahoma Statutes."Administrative Hearing Officer" means an individual who is an attorney licensed to practice law in the State of Oklahoma and is appointed by the Board to preside over and issue a proposed order in individual proceedings."Administrative Procedures Act" or "APA" means Title 75 of the Oklahoma Statutes, §§250.1 through 323."Alcohol and drug counseling" means the application of substance use disorders and counseling principles in order to:(A) develop an understanding of alcoholism and drug dependency;(B) prevent, diagnose or treat alcohol and drug dependency problems;(C) conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives; and(D) plan, implement or evaluate treatment plans using counseling treatment interventions."Board" means the Oklahoma Board of Licensed Alcohol and Drug Counselors created by Section 4 of the Act."Certified alcohol and drug counseling" is a practice which focuses on rendering services to individuals, families or groups of individuals that involve the evaluation, diagnosis, treatment, and prevention of substance use and abuse disorders as related to the total health of the client system according to alcohol and drug counseling theory."Certified Alcohol and Drug Counselor" or "CADC" means any person who offers alcohol and drug counseling services for compensation to any person and is certified pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act. The term "certified alcohol and drug counselor" shall not include those professions exempted by Section 1872 of this Title."Complaint" means a written statement of alleged violation of the Act or these rules by an individual practicing alcohol and drug counseling, submitted to the Board for review and action."Complaint ReviewCommittee" or "CRC" is a committee appointed by the Board whose purpose is to review complaints received by the Board regarding alleged infractions on the part of a licensed or certified alcohol and drug counselor."Individual proceeding" means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature."Licensed Alcohol and Drug Counselor" or "LADC" means any person who offers alcohol and drug counseling services for compensation to any person and is licensed pursuant to the provisions of the Act. The term "licensed alcohol and drug counselor" shall not include those professions exempted by the Act."Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules."Respondent" means the person(s) or entity(ies) named in a petition for an individual proceeding against whom relief is sought."Rule" means any agency statement or group of related statements of general applicability and future effect that implements, interprets or prescribes law or policy or describes the procedure or practice requirements of the agency. The term "rule" includes the amendment or revocation of an effective rule, but does not include:(A) the issuance, real, denial, suspension or revocation or other sanction of an individual specific license;(B) the approval, disapproval or prescription of rates. For purposes of this subparagraph, the term "rates" shall not include fees or charges fixed by an agency for services provided by that agency including but not limited to fees charged for licensing, permitting, inspections or publications;(C) statements and memoranda concerning only the internal management of an agency and not affecting private rights or procedures available to the public;(D) declaratory rulings issued pursuant to 75 O.S. § 307;(E) orders by an agency; or(F) press releases or "agency s releases", provided such releases are not for the purpose of interpreting, implementing or prescribing law or agency policy.