SECTION 86:10-1-2. Definitions  


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  •   When used in this Chapter, the following words and/or terms shall have the following meaning unless the context clearly requires otherwise:
    "Act" means the Licensed Professional Counselors Act, 59 O.S. §§ 1901 et seq., as amended.
    "Administrative Procedures Act" ("APA") means Article I and/or Article II of the Administrative Procedures Act, 75 O.S. §§ 250 et seq.
    "Applicant" means a person who has made a formal application with the Board.
    "Approved LPC Supervisor" ("Supervisor") means an individual who meets the qualifications to become an approved supervisor and is approved by the Board pursuant to Section 86:10-11-4 of this Chapter.
    "Board" means the State Board of Behavioral Health Licensure.
    "Complainant" means any person who files a Request for Inquiry against a LPC, Candidate, or a person who delivers licensed professional counseling services without a license.
    "Complaint Committee" means one Board member who is a LPC, the Executive Director, the Assistant Attorney General and may include other appropriate individuals as determined by the Committee.
    "Dual relationship" means a familial, social, financial, business, professional, close personal, sexual or other non-therapeutic relationship with a client, or engaging in any activity with another person that interferes or conflicts with the LPC's or LPC Candidate's professional obligation to a client.
    "Direct Client Contact Hours" means the performance of therapeutic or clinical functions that includes diagnosis, assessment and treatment of mental, emotional and behavioral disorders based primarily on verbal communications and intervention with, and in the presence of, one or more clients.
    "Employee" means in accordance with 26 U.S.C. § 3121 (d):
    (A)   Any officer of a corporation; or
    (B)   Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of employee.
    "Face-to-face supervision" means the Supervisor and the Candidate shall be in the physical presence of the other during individual or group supervision.
    "Forensic services" means the application of knowledge, training and experience from the mental health field to the establishment of facts and/or the establishment of evidence in a court of law or ordered by a court of law.
    "Formal Complaint" means a written statement of alleged violation(s) of the Act and/or Rules which is filed by the Assistant Attorney General. The Formal Complaint schedules an Individual Proceeding before the Board in accordance with 75 O.S. §309.
    "Full time" means at least twenty (20) hours of on-the-job experience per week.
    "Group supervision" means an assemblage of two (2) to six (6) Candidates.
    "Home-study" or "technology-assisted distance learning" means the delivery of graduate coursework or continuing education through mailed correspondence or other distance learning technologies, which focuses on using synchronous or asynchronous instructional delivery methods. Home-study or technology-assisted distance learning is designed to deliver education to learners who are not in the direct physical presence of the educator.
    "Licensed Professional Counselor" ("LPC") means a person holding a current license issued pursuant to the provision of the Professional Counselor Licensure Act.
    "Licensed Professional Counselor Candidate" ("Candidate") means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in 59 O.S. §1906.
    "Licensure Committee" means two LPC Board members, the Executive Director, and may include other appropriate individuals as determined by the Committee.
    "OAC" means the Oklahoma Administrative Code.
    "On-site supervisor" means a person who may not be an approved LPC supervisor but is licensed by the state of Oklahoma as a Licensed Marital and Family Therapist, Licensed Professional Counselor, Licensed Behavioral Practitioner, Psychologist, Clinical Social Worker, Psychiatrist, or Licensed Alcohol and Drug Counselor employed by the agency employing the LPC Candidate whose assigned job duties include acting as the immediate supervisor to the LPC Candidate and who is available to the candidate at all times when counseling services are being rendered by the LPC Candidate.
    "Request for Inquiry" ("RFI") means a written or oral statement of complaint from any person alleging possible violation(s) of the Act and/or Rules.
    "Respondent" means the person against whom an Individual Proceeding is initiated.
    "Staff" means the personnel of the Board.
    "Technology-assisted supervision" refers to supervision that occurs through video teleconferencing, over secure internet connections, wherein a Supervisor and a Candidate are in separate physical locations.
[Source: Added at 32 Ok Reg 139, eff 4-23-14 (emergency); Added at 32 Ok Reg 1547, eff 9-11-15; Amended at 33 Ok Reg 1246, eff 9-11-16; Amended at 36 Ok Reg 492, eff 7-25-19]