Oklahoma Administrative Code, Title 575

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Chapter 1 Organization of Board and Procedures for Handling Complaints

Okla. Admin. Code § 575:1-1-1 Purpose

The rules of this chapter set forth the kinds of meetings to be held by the Board, the notice to be given of these meetings, and the procedure to be followed during these meetings. They also set forth general procedures for communicating with the Board and for obtaining Board records, as well as procedures for the conducting of the Board's duties and responsibilities, including the handling of complaints against licensed psychologists.

History

• Amended at 12 Ok Reg 1261, eff 5-11-95

Okla. Admin. Code § 575:1-1-2 Organization and proceedings of the Board; petitions for rule making; declaratory rulings

(a) Meetings. In accordance with the 1977 Open Meeting Law [Title 25, Sections 301 thru 314, of state statutes], all meetings of the Board are open to the public and votes of each member are to be publicly cast and recorded.

(1) Regularly scheduled meetings. The Secretary of State shall be given notice of all regularly scheduled meetings by December 15 of each calendar year, showing the date, time and place of such meetings for the following calendar year. If any change is to be made in the date, time, or place of regularly scheduled meetings, then notice in writing shall be given to the Secretary of State not less than 10 days prior to the implementation of such change. At least 24 hours prior to regularly scheduled meetings, excluding Saturdays, Sundays, and holidays legally declared by the State of Oklahoma, public notice will be given setting forth thereon the date, time, place, and agenda for said meeting. Such notice shall not preclude the consideration of new business providing such was not known about or could not have been reasonably foreseen prior to the time of posting. If a meeting is to be continued or reconvened, public notice of the date, time, and place shall be given by announcement at the original meeting, and only matters appearing on the agenda of the meeting which is continued may be discussed at the continued or reconvened meeting.

(2) Special meetings. Special meetings shall not be held without public notice, indicating the date, time, and place, being given to the Secretary of State at least 48 hours prior to said meeting. In addition, at least 24 hours prior to such a meeting, public notice giving the time, place, and agenda shall be posted in prominent public view in the building containing the office of the Board. In exceptional circumstances, emergency meetings without public notice may be called.

(3) Minutes. The proceedings of all meetings shall be kept in the form of written minutes and shall be open to public inspection.

(b) Official office; Board records. The official office of the Board shall be designated by the Board and all records of the Board shall be kept at the official office.

(c) Submissions to the Board to be in writing. All communications with the Board must be in writing before official consideration will be given to issues, requests, or submissions brought before the Board.

(d) Board monies. The monies received by the Board shall be kept in the Psychologists Licensing Fund, No. 200. Expenditures from said fund shall be subject to the approval of the Board.

(e) Reimbursement for travel expenses. Each Board member, staff member, or other persons who are performing substantial and necessary services for the Board may be reimbursed for expenses incurred under authorized official travel [Pursuant to 74 O.S., Section 500.2 et seq].

(f) Formal and informal procedures. The Board shall have both formal and informal procedures for use, as appropriate, in conducting the business of the Board. Such procedures may involve, but are not limited to, hearings for individuals, questions of legal policy, inquiries concerning Board policies or decisions, or other Board business.

(g) Forms. The Board shall have such forms as are required for the conduct of Board business. Such forms shall include, but are not limited to, application for licensure, application for private practice under supervision, and applications for a psychologist to hire a psychological technician in his/her private practice.

(h) Petitions regarding rules; declaratory rulings. Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a rule. Petitions requesting declaratory rulings as to the applicability of any rule or order of the Board may also be submitted. The Board shall make prompt disposition of all such petitions.

(i) Distribution of rules and regulations; annual directory. The Board shall maintain and publish all regulations and procedures established by the Board on the website for the Oklahoma State Board of Examiners of Psychologists. The website shall contain, in addition to those items required by law [59 O.S., Section 1369], a verbatim copy of the licensing law as well as all rules and regulations duly established by the Board.

(j) Board secretary. The secretary of the Board, as described in 59 O.S., Sections 1358 and 1360, shall be employed by the Board.

(k) Psychological consultant. A qualified individual may be employed by the Board to perform certain activities to further the purposes of the Board. Such activities may include, but are not limited to: issues concerning training, credentialing, professional practice, regulation, ethical matters, and receiving and/or reviewing requests for inquiries; advising the chair in the informal conduct of the Board's procedures and providing consultation to the Board during its regular and special meetings.

History

• Amended at 13 Ok Reg 1715, eff 5-28-96; Amended at 16 Ok Reg 1238, eff 5-13-99; Amended at 20 Ok Reg 1012, eff 5-12-03; Amended at 29 Ok Reg 1813, eff 9-14-12
• Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 575:1-1-3 Investigation of requests for inquiry

(a) Choice of investigative mode when unlicensed individuals are involved. When violations of the law by unlicensed individuals are brought to the attention of the Board, the Board may conduct an investigation in its own behalf, request investigation by appropriate state agencies, and/or refer the matter to the Office of the Attorney General. The choice of an investigative mode shall depend on the circumstances of the case and shall be made at the discretion of the Board.

(b) Investigative procedure. The following is the procedure for investigation of requests for inquiry against licensed psychologists:

(1) Requirements for requests for inquiry. The investigation of a request for inquiry about a licensed psychologist may be initiated only when the request for inquiry is in writing, signed, notarized, and filed with the Board. The notarized request for inquiry must contain a brief statement setting forth the allegations of fact and naming the licensee or licensees about whom the request for inquiry is filed. The request for inquiry provides the basis for the chairperson and/or vice chairperson of the Board to request an informal meeting with the licensee, whose participation is voluntary, and/or for appointment of an investigator for the case. The Board may receive, accept, process, investigate, act upon, and otherwise dispose of written requests for inquiry which are not in substantial compliance with this subsection if the Board, in its discretion, determines that the request for inquiry otherwise contains sufficient indicia of reliability and/or the allegations can be independently verified by the Board.

(2) Independently verified allegations - written request for inquiry may not be required. In all inquiries, the Board shall require the request for inquiry to be in writing, signed, and notarized. However, alleged violations of the Psychologists Licensing Act which can be independently verified by the Board may not require written request for inquiry.

(3) Selection of investigator. The Board shall select a member or other qualified individual to investigate any request for inquiry regarding any psychologist. This selection may be by majority vote of the Board or by appointment by the chairperson, vice chairperson, or executive officer.

(4) Compensation for expenses. The investigator shall be compensated by the Board for necessary and prudent expenses which are properly documented and approved by the Board.

(5) Investigator's gathering of information. The Board member or other individual authorized to receive and investigate requests for inquiry shall gather all information necessary to adequately apprise a Probable Cause Committee. The investigation may include interviews with the requesting party, the licensee named in the request for inquiry, and others as appropriate. The licensee will have the opportunity during the investigator's interview to show compliance with all lawful requirements for the retention of the license. The gathering of information to assist the Board in its disposition of requests for inquiry is the only designated function of the investigator during the conduct of the investigation. Any investigative reports prepared and submitted to the Board's Probable Cause Committee, the prosecutorial arm of the Board, are to be used solely to determine whether or not to recommend the pursuit of disciplinary action, and thus constitute confidential and privileged work product material, not subject to disclosure. The investigator shall not offer his/her opinions to the requesting party and/or to the licensee. Such opinions shall include but not be limited to the merits of the request for inquiry and/or whether an ethical violation has occurred.

(6) Subpoenas Investigative. The Board may issue subpoenas for the purpose of investigating a request for inquiry following the same procedure as set forth at 575:1-1-4.

(7) Presentation of Probable Cause Committee's summary and recommendation. The Probable Cause Committee, comprised of the investigator, counsel to the Board and other appropriate individuals, is an advisory body whose function is to summarize the requests for inquiry and to make an informed recommendation regarding disposition of the requests for inquiry to the Board. The Probable Cause Committee's recommendation will be presented at an open meeting of the Board. The requesting party and the licensee will be given prior written notification of the date, time, and place of that meeting. During the Probable Cause Committee's presentation, no questions will be posed by or to the licensee or the complaining witness pertaining to the substance of the case. Such questions may be submitted in writing to the representative of the Attorney General's office following the Board meeting.

(8) Dismissal of request for inquiry by majority vote. Upon consideration of the recommendation of the Probable Cause Committee, the Board may decide not to pursue further the allegations, and may dismiss the request for inquiry by an approving vote of a majority of the members present in open meeting.

(9) Informal disposition of certain requests for inquiry. In some situations including, but not limited to, cases where the inquiry does not allege conduct as described in the Psychologists Licensing Act in Section 1370 or conduct punishable by suspension or revocation of a license, probation, or formal reprimand, the matter may be handled informally. The Board may handle a matter informally by sending an educational letter to the licensee, giving the licensee the opportunity to complete a tutorial, giving the licensee the opportunity to have an educational meeting with a member of the probable cause committee, or any other informal action the Board should deem appropriate. However, no matter can be considered closed until so voted by a majority of the Board in open meeting.

(10) Recusal of Board member. A Board member, acting as the appointed investigator or Probable Cause Committee member, shall be recused from all Board decisions relating to the request for inquiry.

(c) Notification of the disposition of requests for inquiry against licensed psychologists and investigations of them. At the point at which any request for inquiry and/or investigation is resolved, the Board shall inform the requesting party and the psychologist in writing of the disposition of the matter as well as the supporting rationale based on known facts and applicable laws or rules. The Board shall also notify the Attorney General's Office.

History

• Amended at 12 Ok Reg 1949, eff 5-15-95 (emergency); Amended at 13 Ok Reg 1715, eff 5-28-96; Amended at 14 Ok Reg 1999, eff 5-27-97; Amended at 20 Ok Reg 1012, eff 5-12-03; Amended at 23 Ok Reg 1477, eff 5-25-06; Amended at 29 Ok Reg 1813, eff 9-14-12
• Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015