71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1059
A-Engrossed
Senate Bill 410
Ordered by the Senate January 31
Including Senate Amendments dated January 31
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Oregon Board of Licensed Professional Counselors and
Therapists)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Removes Oregon Board of Licensed Professional Counselors and
Therapists from Health Division. Establishes board account in
General Fund. Authorizes board to impose costs of disciplinary
proceedings on licensee or registered intern. Removes statutory
maximum for certain fees. Specifies conditions under which
application is considered withdrawn. Authorizes disclosure of
client communication in certain circumstances.
{ + Declares emergency, effective July 1, 2001. + }
A BILL FOR AN ACT
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. + }
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