72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 929
LC 3731/SB 929-4
SENATE AMENDMENTS TO
SENATE BILL 929
By COMMITTEE ON RULES
August 4
On page 1 of the printed bill, line 2, delete 'amending ORS'
and insert 'creating new provisions; amending ORS 182.454,' and
after '674.850' insert a comma.
In line 3, delete 'and 674.990' and insert '674.990, 675.530,
675.537, 675.571, 675.590, 675.595, 675.725, 675.775, 675.785,
675.795 and 675.805' and after '2001;' insert ' repealing ORS
675.597;'.
After line 5, insert:
' { + SECTION 1. + } ORS 182.454 is amended to read:
' 182.454. { - On October 31, 1999, - } The following
semi-independent state agencies are { - made - } subject to
ORS 182.456 to 182.472:
' (1) The State Board of Architect Examiners.
' (2) The State Landscape Architect Board.
' (3) The State Board of Examiners for Engineering and Land
Surveying.
' (4) The State Board of Geologist Examiners.
' (5) The Oregon Board of Optometry.
' { + (6) The Oregon Board of Licensed Professional
Counselors and Therapists. + }
' { + (7) The State Board of Clinical Social Workers. + } ' .
In line 6, delete '1' and insert '2'.
In line 10, after 'subsection' insert 'and subsection (8) of
this section'.
In line 12, after 'state' delete the rest of the line.
In line 13, delete 'the board'.
On page 2, after line 13, insert:
' (8)(a) Any debt, liability or other obligation incurred by a
semi-independent state agency pursuant to an activity or
transaction described in this section:
' (A) Is payable solely from revenues of the semi-independent
state agency or from pledged assets owned or operated by the
semi-independent state agency; and
' (B) Does not constitute a debt, liability or other obligation
of any other state agency, a state official or the General Fund.
' (b) Any revenue bond issued by a semi-independent state
agency to finance an activity or transaction described in this
section must state on the face of the bond that the bond does not
constitute an obligation by the state to pay principal or
interest on the bond from the General Fund.'.
In line 14, delete '2' and insert '3'.
On page 3, line 44, delete '3' and insert '4'.
On page 4, line 29, delete '4' and insert '5'.
On page 5, line 4, delete '5' and insert '6'.
In line 31, delete '6' and insert '7'.
On page 6, after line 11, insert:
' { + SECTION 8. + } ORS 675.530 is amended to read:
' 675.530. Upon application therefor accompanied by the fee
established { - under - } { + pursuant to + } ORS 675.571,
the State Board of Clinical Social Workers shall issue a license
to any applicant who furnishes evidence satisfactory to the board
that the applicant:
' (1) Has { - completed - } { + complied with + } all
applicable provisions of ORS 675.510 to 675.600 and the
applicable rules of the board;
' (2) Holds a master's degree in social work from an accredited
college or university accredited by the Council on Social Work
Education;
' (3) Has completed the equivalent of two years of full-time
experience in the field of clinical social work in accordance
with rules of the board. The rules shall be developed after
consultation with persons active in the field of clinical social
work and may take into account experience which may be gained in
the course of the study of social work;
' (4) Has satisfactorily completed the requirements for
certificate of clinical social work associate; and
' (5) Has performed to the satisfaction of the board in the
written examination prescribed by the board.
' { + SECTION 9. + } ORS 675.537 is amended to read:
' 675.537. Upon application therefor accompanied by the fee
established { - under - } { + pursuant to + } ORS 675.571,
the State Board of Clinical Social Workers shall issue a
certificate of clinical social work associate to any applicant
who furnishes evidence satisfactory to the board that the
applicant:
' (1) Has { - completed - } { + complied with + } all
applicable provisions of ORS 675.510 to 675.600 and the
applicable rules of the board;
' (2) Holds a master's degree in social work from an accredited
college or university accredited by the Council on Social Work
Education; and
' (3) Has developed a plan approved by the board for completion
of practice and supervision requirements as defined by the rules
of the board.
' { + SECTION 10. + } ORS 675.571 is amended to read:
' 675.571. (1) The State Board of Clinical Social Workers shall
{ + determine and + } collect fees for application for
certification, annual renewal of certification, examination,
reexamination, licensure, annual renewal of licensure and
delinquent renewal fees.
' (2) { - Such fees are to be used to defray the expenses of
the board and are continuously appropriated for that purpose. - }
{ + Moneys collected from fees described under subsection (1)
of this section must be deposited to the account established by
the board under ORS 182.470 and are continuously appropriated to
the board for the administration and enforcement of ORS 675.510
to 675.600. + }
' { - (3) Subject to prior approval of the Oregon Department
of Administrative Services and a report to the Emergency Board
prior to adopting the fees and charges, the fees and charges
established under this section shall not exceed the cost of
administering the regulatory program of the board pertaining to
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the budget of the
State Board of Clinical Social Workers, as the budget may be
modified by the Emergency Board. - }
' { - (4) - } { + (3) + } The board may impose a delinquent
renewal fee for certificates and licenses renewed after January 1
but before February 1. Applications received on or after February
1 are subject to an additional delinquent fee. However, the board
shall not treat any certificate or license as lapsed unless it is
not renewed by March 31.
' { - (5) - } { + (4) + } All fees collected under this
section are nonrefundable.
' { + (5) Except as the board may otherwise provide under ORS
182.462 (5), moneys from civil penalties collected under ORS
675.510 to 675.600 must be deposited to the account established
by the board under ORS 182.470 and are continuously appropriated
to the board for the administration and enforcement of ORS
675.510 to 675.600. + }
' { + SECTION 11. + } ORS 675.590 is amended to read:
' 675.590. (1) { - There is established a - } { + The + }
State Board of Clinical Social Workers { + shall operate as a
semi-independent state agency subject to ORS 182.456 to 182.472
for purposes of carrying out ORS 675.510 to 675.600 + }.
' (2) The Governor shall appoint seven members to the board,
consisting of members as specified in subsection (4) of this
section.
' (3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. 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.
' (4) The composition of the board { - shall - } { +
must + } be as follows:
' (a) Four members { - shall - } { + must + } be licensed
clinical social workers who are licensed in accordance with the
provisions of ORS 675.510 to 675.600; and
' (b) Three members { - shall - } { + must + } be public
citizens who have demonstrated an interest in the field of
clinical social work.
' (5) Members are entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
' { + SECTION 12. + } ORS 675.595 is amended to read:
' 675.595. In addition to the powers otherwise granted under
ORS 675.510 to 675.600, the State Board of Clinical Social
Workers shall have the following powers:
' (1) To determine the qualifications of applicants to practice
clinical social work in this state; to cause to have examinations
prepared, conducted and graded and to grant certificates or
licenses to qualified applicants upon their compliance with the
provisions of ORS 675.510 to 675.600 and the rules of the board.
' (2) To grant or deny annual renewal of certificates or
licenses and to renew certificates and licenses that have lapsed
for nonpayment of the renewal fee, subject to the provisions of
ORS 675.510 to 675.600.
' (3) To suspend or revoke certificates or licenses, subject to
ORS 675.510 to 675.600.
' (4) To issue letters of reprimand or to impose probationary
periods with the authority to restrict the scope of practice of a
licensed clinical social worker or clinical social work
associate.
' (5) To require that a licensee practice under supervision.
' (6) To require that a licensee obtain additional training in
social work.
' (7) To require that a licensee undergo psychological,
physical or psychiatric assessment, enter into and remain in any
prescribed treatment program and disclose the results of the
treatment program to the board.
' (8) To impose civil penalties not to exceed $1,000.
' (9) To restore certificates or licenses that have been
suspended, revoked or voided by nonpayment of the renewal fee.
' (10)(a) To collect annual fees for application, examination
and certification or licensing of applicants, for renewal of
certificates and licenses, and for issuance of limited
certificates { - , such fees to be used to defray the expenses
of the board as provided in ORS 675.571 - } ; and
' (b) To collect delinquent renewal fees as provided in ORS
675.571 { - (4) - } .
' (11) To investigate alleged violations of ORS 675.510 to
675.600.
' (12) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings and require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
' (13) To enforce 675.510 to 675.600 and exercise general
supervision over the practice of clinical social work in this
state.
' (14) To adopt a common seal.
' (15) To formulate and enforce a code of professional conduct
for the practice of clinical social work giving particular
consideration to the code of ethics.
' (16) To formulate and enforce continuing education
requirements for licensed clinical social workers to ensure the
highest quality of professional services to the public.
' (17) To take such other disciplinary action as the board in
its discretion finds proper, including but not limited to
assessment of the costs of the disciplinary process.
' { + SECTION 13. + } ORS 675.725 is amended to read:
' 675.725. (1) A license issued under ORS 675.715 to 675.835 is
subject to annual renewal.
' (2) A licensee seeking renewal of a license shall:
' (a) Pay the license renewal fee on or before April 1 of each
year;
' (b) Provide proof of fulfillment of any requirements of the
Oregon Board of Licensed Professional Counselors and Therapists
for continuing education and supervision;
' (c) Submit to the board a sworn statement on a form provided
by the board certifying that there is no reason for denial of the
license renewal; and
' (d) Maintain professional disclosure statements as required
by the board by rule.
' (3) A licensee may renew a license after April 1 but not
later than April 30 by paying a late fee { - of not more than
$50 - } { + established by the board + } in addition to the
required renewal fee. A license that has not been renewed or the
license of a licensee who has not met the requirements for
renewal by May 1 expires and may not be renewed.
' (4) A licensee may not continue to practice as a licensed
professional counselor or a licensed marriage and family
therapist after expiration of the license.
' (5) A person whose license has expired may apply to be
relicensed as follows:
' (a) If the person's previous license has been expired for
more than two years, the person must apply and qualify for a new
license in the same manner as a person who has never been
licensed.
' (b) If the person's previous license has been expired for two
years or less, the person is not required to meet the degree,
experience and examination standards for a person who has never
been licensed, but must meet all other requirements for
relicensure as the board may establish by rule. An application
for relicensure under this subsection must be submitted in the
manner required by the board and must be accompanied by the
payment of the application fee and one annual renewal fee.
' { + SECTION 14. + } ORS 675.775 is amended to read:
' 675.775. (1) The Oregon Board of Licensed Professional
Counselors and Therapists { - is established - } { + shall
operate as a semi-independent state agency subject to ORS 182.456
to 182.472 + }.
' (2) The board { - shall - } { + must + } 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 - } { + must + } 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 15. + } 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 may impose nonrefundable fees in an amount set
by rule for the following:
' (a) License application.
' (b) First issuance of a license.
' (c) Renewal of a license.
' (d) Late filing of a license renewal.
' (e) Renewal of registration as an intern.
' (f) Examinations. { - 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) - } { + (6) + } 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) - } { + (7) + } 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) - } { + (8) + } 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) - } { + (9) + } The board may adopt a seal to be
affixed to all licenses.
' { - (11) - } { + (10) + } 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) - } { + (11) + } 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) - } { + (12) + } 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) - } { + (13) + } 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) - } { + (14) + } 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 16. + } ORS 675.795 is amended to read:
' 675.795. (1) The Oregon Board of Licensed Professional
Counselors and Therapists shall meet at least once a year at a
place, time and hour determined by the board. The board also
shall meet at other times and places specified when called by the
chair of the board or by a majority of the members of the board.
' (2) A majority of the members of the board constitutes a
quorum. A majority of the members present may take action on
behalf of the board unless a different number is provided in the
rules of the board.
' (3) A member of the board is entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
' (4) At the first meeting of each year, the Oregon Board of
Licensed Professional Counselors and Therapists shall select from
its members a chair and vice chair. Each officer shall have a
term of one year with duties and powers the board determines
necessary for the performance of the functions the board assigns
to the officer.
' (5) In the event that the position of any officer becomes
vacant, the board shall elect from its members a replacement at
its next meeting to serve the unexpired term.
' { + SECTION 17. + } ORS 675.805 is amended to read:
' 675.805. { - All moneys received by - } { + Except as + }
the Oregon Board of Licensed Professional Counselors and
Therapists { + may otherwise provide under ORS 182.462 (5), all
moneys received by the board + }under ORS 675.715 to 675.835
{ - shall - } { + must + } be paid into the { - General Fund
in the State Treasury and placed to the credit of the Oregon
Board of Licensed Professional Counselors and Therapists Account,
which is hereby established. Such - } { + account established
by the board pursuant to ORS 182.470. The + } moneys are
appropriated continuously { - and shall be used only - } { +
to the board + } for the administration and enforcement of ORS
675.715 to 675.835.'.
In line 12, delete '7' and insert '18'.
On page 7, after line 18, insert:
' { + SECTION 19. + } { + ORS 675.597 is repealed. + }
' { + SECTION 20. + } { + (1) Any expenditure limitation
approved by the Legislative Assembly for the biennium beginning
July 1, 2003, for the State Board of Clinical Social Workers or
the Oregon Board of Licensed Professional Counselors and
Therapists shall continue to apply after the effective date of
the amendments to ORS 182.454, 675.530, 675.537, 675.571,
675.590, 675.595, 675.725, 675.775, 675.785, 675.795 and 675.805
by sections 1 and 8 to 17 of this 2003 Act and the repeal of ORS
675.597 by section 19 of this 2003 Act until the board subject to
the expenditure limitation adopts a budget pursuant to ORS
182.462 for the biennium beginning July 1, 2003. Upon the
adoption by a board of a budget pursuant to ORS 182.462 for the
biennium beginning July 1, 2003, the legislatively approved
expenditure limitations for the biennium beginning July 1, 2003,
for the board adopting the budget shall terminate.
' (2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Board of
Clinical Social Workers or the Oregon Board of Licensed
Professional Counselors and Therapists during the biennium
beginning July 1, 2003, remain applicable to expenditures by
those boards after the effective date of this 2003 Act until the
adoption of a budget pursuant to ORS 182.462 for the biennium
beginning July 1, 2003, by the board to which the expenditure
classifications apply.
' (3) Any fee schedule for the State Board of Clinical Social
Workers or the Oregon Board of Licensed Professional Counselors
and Therapists in effect immediately prior to the effective date
of the amendments to ORS 182.454, 675.530, 675.537, 675.571,
675.590, 675.595, 675.725, 675.775, 675.785, 675.795 and 675.805
by sections 1 and 8 to 17 of this 2003 Act and the repeal of ORS
675.597 by section 19 of this 2003 Act shall continue in effect
until superseded by rule of the appropriate board. + } ' .
In line 19, delete '8' and insert '21'.
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