AN ACT
SB 410
Relating to Oregon Board of
Licensed Professional Counselors and Therapists; creating new provisions;
amending ORS 675.705, 675.715, 675.745, 675.765, 675.775, 675.785 and 675.805;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 675.705 is amended to read:
675.705. As used in ORS 675.715 to 675.835:
(1) “Board” means the Oregon Board of Licensed Professional
Counselors and Therapists.
[(2) “Division” means
the Health Division of the Department of Human Services.]
[(3)] (2) “Licensed marriage and family
therapist” means a person to whom a license has been issued under ORS 675.715.
[(4)] (3) “Licensed professional counselor”
means a person issued a license under ORS 675.715.
[(5)] (4) “Licensee” means a licensed
professional counselor or a licensed marriage and family therapist.
[(6)] (5) “Marriage and family therapy” means
the identification and treatment of cognitive, affective and behavioral
conditions as symptoms of marital and familial relational dysfunctions.
“Marriage and family therapy” involves the professional application of psychotherapeutic
and family systems theories and techniques in the delivery of services to
individuals, marital pairs and families, and record keeping activities,
including documentation of counseling treatment or therapeutic services.
[(7)] (6) “Professional counseling” means
counseling services provided to individuals, couples, families, children,
groups, organizations or the general public through the therapeutic
relationship, developing understanding of personal problems, defining goals and
planning action reflecting interests, abilities, aptitudes and needs as these
relate to problems and concerns in personal, social, educational,
rehabilitation and career adjustments. “Professional counseling” includes, but
is not limited to:
(a) Application of counseling theories and techniques
designed to assist clients with current or potential problems and to facilitate
change in thinking, feeling and behaving.
(b) Research activities including reporting, designing,
conducting or consulting on research in counseling with human subjects.
(c) Referral activities including the referral to other
specialists.
(d) Consulting activities which apply counseling procedures
and interpersonal skills to provide assistance in solving problems that a
client may have in relation to an individual, group or organization.
(e) Record keeping activities, including documentation of
counseling treatment or therapeutic services.
[(8)] (7) “Registered intern” means an
applicant for licensure who is registered to obtain post-degree supervised work
experience toward licensure according to an approved plan pursuant to ORS
675.720.
SECTION 2.
ORS 675.715 is amended to read:
675.715. In order to obtain a license as a professional
counselor or a marriage and family therapist, an applicant shall make
application on a form and in such a manner as the Oregon Board of Licensed
Professional Counselors and Therapists prescribes, accompanied by the
nonrefundable fee established [under]
pursuant to ORS 675.785. The Oregon
Board of Licensed Professional Counselors and Therapists shall issue a license
as a professional counselor or a marriage and family therapist to each applicant
who furnishes satisfactory evidence to the board that the applicant meets the
following qualifications:
(1) Is not in violation of any of the provisions of ORS
675.715 to 675.835 and the rules adopted by the board.
(2) Has received:
(a) A graduate degree in counseling in a program approved
by the Council for Accreditation of Counseling and Related Educational Programs
of the American Counseling Association;
(b) A graduate degree in marriage and family therapy in a
program approved by the Commission on Accreditation for Marriage and Family
Therapy Education of the American Association for Marriage and Family Therapy;
(c) A graduate degree, under standards explicitly adopted
by the board by rule that is determined by the board to be comparable in both
content and quality to a degree approved under paragraph (a) or (b) of this
subsection; or
(d) A graduate degree, determined by the board to meet at
an acceptable level at least a majority of the board’s adopted degree
standards, and has completed additional graduate training obtained in a
counselor or marriage and family therapy program at an accredited college or
university to meet the remainder of the standards.
(3) At the time of application to become a licensed
professional counselor, has a minimum of three years of full-time supervised
experience, or the equivalent, under a board-approved supervisor in a
board-approved setting. One year of the supervised experience may be obtained
prior to the granting of the master’s degree.
(4) At the time of application to become a licensed
marriage and family therapist, has a minimum of three calendar years of
full-time clinical work experience with supervision, in accordance with
standards established by the board. At least 2,000 hours in the three-year period
must be in the practice of marriage and family therapy in the presence of a
client.
(5) Demonstrates competence as a professional counselor or
marriage and family therapist by passing an examination prescribed by the board
as follows:
(a) The examination for professional counselor license
shall include, but not be limited to, counseling theory, human growth and
development, social and cultural foundations, the helping relationship, group
dynamics, life-style and career development, appraisal of individuals, research
and evaluation, professional orientation, ethics and Oregon law.
(b) The examination for the marriage and family therapist
license shall include, but not be limited to, marriage and family therapy
theory, systems theory, appraisal of family relationships, normal individual
and family development, research and evaluation, professional conduct, ethics
and Oregon law.
(6) An application
that remains incomplete for one year from the date of the initial submission to
the board shall be considered to have been withdrawn by the applicant.
Incomplete applications include, but are not limited to, applications lacking
documentation, signatures or the payment of fees required by the board.
SECTION 3.
ORS 675.745 is amended to read:
675.745. (1) The Oregon Board of Licensed Professional
Counselors and Therapists may deny, suspend, revoke or refuse to issue or to
renew any license issued under ORS 675.715 to 675.835 upon proof that the
applicant for licensure or the licensee:
(a) Has been convicted of violating ORS 675.825 or of a
crime in this or any other state or territory or against the federal government
that brings into question the competence of the licensee in the role of a
counselor or a therapist;
(b) Is unable to perform the practice of professional
counseling or marriage and family therapy by reason of mental illness, physical
illness, drug addiction or alcohol abuse;
(c) Has been grossly negligent in the practice of
professional counseling or marriage and family therapy;
(d) Has violated one or more of the rules of the board
pertaining to the licensure of professional counselors or licensed marriage and
family therapists;
(e) Has failed to file a professional disclosure statement
or has filed a false, incomplete or misleading professional disclosure
statement;
(f) Has practiced outside the scope of activities,
including administering, constructing or interpreting tests, for which the
licensee has individual training and qualification; or
(g) Has been disciplined by a state mental health licensing
board or program in this or any other state for violation of competency or
conduct standards.
(2)(a) The board may reprimand or impose probation on a
licensee or an intern registered under ORS 675.720 upon proof of any of the
grounds for discipline provided in subsection (1) of this section.
(b) If the board elects to place a licensee or a registered
intern on probation, the board may impose:
(A) Restrictions on the scope of practice of the licensee
or intern;
(B) Requirements for specific training;
(C) Supervision of the practice of the licensee or intern;
or
(D) Other conditions the board finds necessary for the
protection of the public.
(3) The board may initiate action against persons violating
any provision of ORS 675.715 to 675.835 or any rules adopted by the board.
(4) Pursuant to ORS 183.090, the board may impose a civil
penalty of not more than $1,000 for each violation of subsection (1) or (2) of
this section.
(5) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a contested case
proceeding, consent order or stipulated agreement involving licensee or
applicant conduct is confidential as provided under ORS 676.175.
(6) In addition to
the actions authorized by subsections (1) and (2) of this section, the board
may take such disciplinary action as the board in its discretion finds proper,
including but not limited to the assessment of the costs of the disciplinary
process.
SECTION 4.
ORS 675.765 is amended to read:
675.765. A licensee or any [employees] employee of
the licensee shall not disclose any communication given the licensee by a
client in the course of noninvestigatory professional activity when such
communication was given to enable the licensee to aid the client, except:
(1) When the client or those persons legally responsible
for the affairs of the client give consent to the disclosure;
(2) When the client initiates legal action or makes a
complaint against the licensed professional counselor or licensed marriage and
family therapist to the Oregon Board of Licensed Professional Counselors and
Therapists;
(3) When the communication reveals the intent to commit a
crime or harmful act; [or]
(4) When the communication reveals that a minor is or is
suspected to be the victim of a crime, abuse or neglect; or
(5) When responding
to an inquiry by the board made during the course of an investigation into the
conduct of the licensee under ORS 676.165 to 676.180.
SECTION 5.
ORS 675.775 is amended to read:
675.775. (1) The Oregon Board of Licensed Professional
Counselors and Therapists is [created in
the Health Division of the Department of Human Services] established.
(2) The board shall consist of seven members who shall be
appointed by the Governor.
(3) In selecting the members of the board, the Governor
shall strive to balance the representation according to geographic areas of
this state, gender, age and ethnic group.
(4) The board shall consist of:
(a) Three members who are persons licensed as professional
counselors under ORS 675.715;
(b) Two members who are persons licensed as marriage and
family therapists under ORS 675.715;
(c) One member from the faculty of a school within this
state that has programs to train persons to become professional counselors or
marriage and family therapists; and
(d) One member from the public who has demonstrated an
interest in the fields of professional counseling and marriage and family
therapy.
(5) Statewide counselor and marriage and family therapist
organizations may recommend names of qualified persons to the Governor at the
time for filling vacancies on the board.
(6) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. By October 1 of each year, the
Governor shall appoint persons to fill positions on the board that are due to
become vacant on October 1 of that year. A member is eligible for one
consecutive reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
SECTION 6.
ORS 675.785 is amended to read:
675.785. The Oregon Board of Licensed Professional
Counselors and Therapists has the following powers:
(1) In accordance with the applicable provisions of ORS
183.310 to 183.550, the board shall adopt rules necessary for the
administration of the laws the board is charged with administering.
(2) Subject to any applicable provisions of the State
Personnel Relations Law, the board may appoint, prescribe the duties and fix
the compensation of an administrator and other employees of the board necessary
to carry out the duties of the board.
(3) [The board shall
collect from each applicant fees set by the board by rule.] The board may [charge] impose nonrefundable fees in
an amount set by rule for the following [but shall not exceed the described maximum]:
(a) [The fee for]
License application [shall not exceed
$100].
(b) [The fee for]
First issuance of a license [shall not
exceed $100].
(c) [A] Renewal [fee for] of a license [shall not
exceed $100].
(d) [A] Late
filing [fee for] of a license renewal [shall
not exceed $50].
(e) [A] Renewal [fee for] of registration as an intern [shall
not exceed $60].
(f) [Fees for]
Examinations. [which] Examination fees
shall not exceed the costs incurred in administering the particular
examination. Fees established under this subsection are subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fees and shall be within the budget
authorized by the Legislative Assembly as that budget may be modified by the
Emergency Board.
(4) The board shall:
(a) Maintain a register of all current licensed
professional counselors and marriage and family therapists.
(b) Annually publish a directory listing all current
licensed professional counselors and marriage and family therapists. The
directory shall be available to the public, for which the board may collect a
publication fee.
(5) The board shall:
(a) Investigate alleged violations of the provisions of ORS
675.715 to 675.835 or rules adopted under authority of the board.
(b) Establish procedures to review the complaints of
clients of licensees of the board. Upon receipt of a complaint under ORS
675.715 to 675.835 against any licensed or unlicensed person, the board shall
conduct an investigation as described under ORS 676.165.
(6) The board shall report to the Legislative Assembly
concerning the activities of the board during the preceding biennium.
(7) The board shall form standards committees to establish,
examine and pass on the qualifications of applicants to practice professional
counseling or marriage and family therapy in this state. The standards
committee for professional counselors shall be made up of the professional
counselors on the board, the faculty member and the public member. The
standards committee for marriage and family therapists shall be made up of the
marriage and family members of the board, the faculty member and the public
member.
(8) The board shall grant licenses to applicants who
qualify to practice professional counseling or marriage and family therapy in
this state upon compliance with ORS 675.715 to 675.835 and the rules of the
board.
(9) The board may administer oaths, take depositions, defray
legal expenses and issue subpoenas to compel the attendance of witnesses and
the production of documents or written information necessary to carry out ORS
675.715 to 675.835.
(10) The board may adopt a seal to be affixed to all
licenses.
(11) The board shall adopt a code of ethics for licensees.
The board may use the ethical codes of professional counseling and marriage and
family therapy associations as models for the code established by the board.
(12) The board may set academic and training standards
necessary under ORS 675.715 to 675.835, including, but not limited to, the
adoption of rules to establish semester hour equivalents for qualification for
licensing where quarter hours are required under ORS 675.715 to 675.835.
(13) The board shall require the applicant for a
professional counselor license or a marriage and family therapy license to
receive a passing score on an examination of competency in counseling or
marriage and family therapy. The examination may be the examination given
nationally to certify counselors, or in the case of marriage and family
therapy, the examination approved by the Association of Marital and Family
Therapy Regulatory Boards.
(14) The standards committee shall establish standards and
requirements for continuing education and supervision, as appropriate. The
standards and requirements shall be in effect July 1, 1992.
(15) The board shall establish a program for impaired
professionals to assist licensed professional counselors and licensed marriage
and family therapists to regain or retain their licensure and impose the
requirement of participation as a condition to reissuance or retention of the
license.
SECTION 7.
ORS 675.805 is amended to read:
675.805. All moneys received by the [Health Division] Oregon
Board of Licensed Professional Counselors and Therapists under ORS 675.715
to 675.835 shall be paid into the General Fund in the State Treasury and placed
to the credit of the [Health Division
Account] Oregon Board of Licensed
Professional Counselors and Therapists Account, which is hereby established. [, and] Such moneys are appropriated
continuously and shall be used only for the administration and enforcement of
ORS 675.715 to 675.835.
SECTION 8.
All unexpended moneys appropriated or
otherwise available to the Health Division for the administration and
enforcement of ORS 675.715 to 675.835 as of the effective date of this 2001 Act
are transferred to the Oregon Board of Licensed Professional Counselors and
Therapists Account for the administration and enforcement of ORS 675.715 to
675.835.
SECTION 9.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect July 1, 2001.
Approved by the Governor
April 30, 2001
Filed in the office of
Secretary of State April 30, 2001
Effective date July 1, 2001
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