Chapter 841
AN ACT
HB 3233
Relating to sex offender treatment; creating new provisions; amending
ORS 676.606, 676.610, 676.612, 676.613 and 676.992; appropriating money;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (1) The Legislative Assembly hereby declares
that the comprehensive treatment of sex offenders who are subject to the
supervision of the criminal justice and juvenile justice systems and the
Department of Human Services is necessary in order to work toward the
elimination of sex offenses. The Legislative Assembly hereby recognizes that
sex offender therapists who examine and treat sex offenders therefore occupy a
vital role in protecting the public from sex offenders who remain in the
community prior to or following disposition or who will reenter the community
following a period of incarceration.
(2) The Legislative
Assembly further finds that the qualifications, practices, techniques and
levels of effectiveness of sex offender therapists vary widely and that the
court’s ability to effectively determine appropriate sentencing and monitoring
for sex offenders, thus curtailing the incidence of recidivism in such
offenders and enhancing the protection of victims and potential victims, is
undermined by a lack of regulated standards of practice and professional
responsibility.
(3) The Legislative
Assembly recognizes the right of sex offender therapists to practice,
consistent with the paramount requirement of public safety. Public safety is
best served by regulating sex offender therapists whose clients are being
treated under alternative sentencing or disposition, parole, post-prison
supervision, supervision by a county juvenile department or custody of the Department
of Human Services or the Oregon Youth Authority.
(4) Section 4 of this
2007 Act establishes the titles certified clinical sex offender therapist and
certified associate sex offender therapist. Sections 1 to 12 of this 2007 Act
do not prohibit others from providing services to treat sex offenders. However,
only those certified under sections 1 to 12 of this 2007 Act shall represent
the designated titles to the public. Adult and juvenile parole and probation
authorities and the Department of Human Services may restrict their referrals
to those providers who are certified under sections 1 to 12 of this 2007 Act.
SECTION 2. As used in sections 1 to 12 of this 2007
Act:
(1) “Certified associate
sex offender therapist” means a person who is certified under section 4 or 5 of
this 2007 Act to provide services for the treatment and rehabilitation of sex
offenders while under the direct supervision of a certified clinical sex
offender therapist.
(2) “Certified clinical
sex offender therapist” means a person who is certified under section 4 or 5 of
this 2007 Act to provide services for the treatment and rehabilitation of sex
offenders and who may supervise certified associate sex offender therapists.
(3) “Certified sex
offender therapist” means a certified clinical sex offender therapist or a
certified associate sex offender therapist.
(4) “Direct supervision”
means a minimum of two hours of supervision by a certified clinical sex
offender therapist for each 45 hours of direct clinical contact with a sex offender.
(5) “Sex offender” means
a person convicted or adjudicated of a sex crime, as defined in ORS 181.594, or
a sexual offense, as provided in ORS 163.305 to 163.467, and mandated by a
court, a releasing authority, including the Oregon Youth Authority, or the
Department of Human Services to successfully complete a sex offender treatment
program.
(6) “Sex offender
treatment” means the process of evaluation, assessment and reformation of sex
offenders.
SECTION 3. (1) Unless a person has applied for and received
certification under section 4 or 5 of this 2007 Act, a person may not claim
certification as or represent that person to be a:
(a) Certified clinical
sex offender therapist; or
(b) Certified associate
sex offender therapist.
(2) Sections 1 to 12 of
this 2007 Act apply only to certified sex offender therapists who treat sex
offenders.
SECTION 4. (1) To obtain certification as a clinical
sex offender therapist or associate sex offender therapist, an applicant shall
complete an application developed and prescribed by the Sex Offender Treatment
Board and file a professional disclosure statement with the Oregon Health
Licensing Agency. The documents must be accompanied by a fee established by the
agency.
(2) Subject to ORS
676.612, the agency may issue two types of certification to qualified
applicants under this section:
(a) Clinical sex
offender therapist; and
(b) Associate sex
offender therapist.
(3) To qualify as a
certified clinical sex offender therapist, the applicant must:
(a) Be in compliance
with applicable provisions and rules adopted by the agency;
(b) Have at least a
master’s degree in the behavioral sciences;
(c) Have an active
(d)
Within not less than three years nor more than six years prior to application,
have had a minimum of 2,000 hours of direct clinical contact with sex
offenders, including:
(A) 1,000 hours of
direct treatment services; and
(B) 500 hours of
evaluations; and
(e) Have a minimum of 60
hours of formal training applicable to sex offender treatment and evaluation,
achieved within the three years prior to application.
(4) To qualify as a
certified associate sex offender therapist, the applicant must:
(a) Be in compliance
with applicable provisions and rules adopted by the agency;
(b) Have at least a
bachelor’s degree in the behavioral sciences;
(c) Have had a minimum
of 1,000 hours of direct clinical contact with sex offenders;
(d) Have a minimum of 30
hours of formal training applicable to sex offender treatment and evaluation,
achieved within the three years prior to application; and
(e) Be under the direct
supervision of a certified clinical sex offender therapist.
(5) The agency may renew
the certification of a clinical sex offender therapist or an associate sex
offender therapist annually. The application for renewal shall be considered by
the agency to be an application to continue as a certified clinical sex
offender therapist or a certified associate sex offender therapist. To renew a
certification, the applicant must:
(a) Be in compliance
with the provisions of sections 1 to 12 of this 2007 Act and rules adopted by
the agency;
(b) Have a minimum of
100 hours of clinical experience during the preceding year, 50 of which shall
be direct clinical contact with sex offenders;
(c) Have completed a
minimum of 15 hours continuing education in the field of sex offender treatment
during the preceding year; and
(d) Satisfy any
additional requirements adopted by the board.
SECTION 5. Upon receipt of an application and the
appropriate fees under section 4 of this 2007 Act, the Oregon Health Licensing
Agency shall certify a clinical sex offender therapist or associate sex
offender therapist if the applicant provides evidence to the satisfaction of
the agency that the applicant is recognized as a clinical sex offender
therapist or associate sex offender therapist in another state in which the
requirements for such recognition are, in the judgment of the agency, in consultation
with the Sex Offender Treatment Board, at least equivalent to the requirements
of sections 1 to 12 of this 2007 Act and rules of the agency.
SECTION 6. (1) In the manner prescribed in ORS chapter
183 for contested cases, and at the direction of the Sex Offender Treatment
Board, the Oregon Health Licensing Agency may impose a form of discipline
listed in ORS 676.612 against any certified sex offender therapist for any of
the grounds listed in ORS 676.612 and for any violation of the provisions of sections
1 to 12 of this 2007 Act, or the rules adopted thereunder.
(2) The agency may
impose disciplinary sanctions against a certified sex offender therapist for
any of the following reasons:
(a) The person was
convicted of violating section 9 of this 2007 Act, or of a felony or
misdemeanor that brings into question the person’s competence or integrity as a
certified sex offender therapist.
(b) The person’s mental
health professional license, or equivalent license, has been revoked, suspended
or restricted by the issuing authority.
(c) The person has
violated section 11 of this 2007 Act, or any rules adopted by the agency
pertaining to certification.
(d) The person has
failed to file or has filed a false, misleading or incomplete professional
disclosure statement with the agency.
(e) The person has
practiced beyond the scope of the person’s agency-issued certification.
SECTION 7. (1) The Sex Offender Treatment Board is
established within the Oregon Health Licensing Agency. The board shall consist
of seven members appointed by the Governor and subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565. All members of the
board shall be residents of this state.
(2) Of the members
appointed to the board:
(a) Two shall be recommended
by the
(b) Two shall be
recommended by the
(c) One shall be
recommended by the
(d) One shall be
recommended by the Oregon Juvenile Department Directors Association; and
(e) One shall be
recommended by a victims’ advocacy organization.
(3) The term of office
of each member is three years, but a member serves at the pleasure of the Governor.
Vacancies shall be filled by the Governor by appointment for the unexpired
term. A member shall hold the member’s office until the appointment and
qualification of a successor. A member is eligible for reappointment.
(4) The agency shall
provide the board with such administrative services and employees as the board
requires to carry out its duties for the
administration of sections 1 to 12 of this 2007 Act.
(5) Members of the board
are eligible for compensation and expenses as provided in ORS 292.495 from
funds available under section 10 of this 2007 Act.
(6) The board shall
select one of its members to serve as chair and another to serve as vice chair,
for those terms and with such duties and powers necessary for the performance
of the functions of those offices as the board determines.
(7) A majority of the
board constitutes a quorum for the transaction of business.
(8) The board shall meet
at times and places specified by the call of the chair or of a majority of the
members of the board. The board shall meet at least once each calendar year.
(9) A board member
appointed under this section who is also a clinical sex offender therapist or
associate sex offender therapist must satisfy all requirements for
certification provided in section 4 of this 2007 Act and shall obtain
certification within 12 months of the member’s appointment.
SECTION 8. The Sex Offender Treatment Board shall:
(1) Determine the
qualifications and fitness of applicants for certification as clinical sex
offender therapists or associate sex offender therapists under sections 1 to 5
of this 2007 Act.
(2) Establish standards
of practice and professional responsibility for persons certified by the Oregon
Health Licensing Agency.
(3) Adopt standards for
training and continuing education required under sections 1 to 5 of this 2007
Act, including but not limited to training related to the treatment of distinct
sex offender populations, including adults, juveniles, persons with
developmental disabilities and others.
(4) Advise the agency on
all matters related to administering sections 1 to 12 of this 2007 Act and
recommend rules, standards and guidelines necessary for the administration of
sections 1 to 5 of this 2007 Act.
SECTION 9. A certified sex offender therapist, or any
employee of a certified sex offender therapist, may not disclose any
communication made by a client during the course of noninvestigatory
professional treatment or rehabilitation, except:
(1) When the client or a
person authorized to act on behalf of the client gives consent to the
disclosure;
(2) When the client
initiates legal action or makes a complaint against a sex offender therapist to
the Sex Offender Treatment Board;
(3) When the
communication reveals the intent to commit a crime harmful to the client or
others;
(4) When the
communication reveals that a minor may have been a victim of a crime or
physical, sexual or emotional abuse or neglect; or
(5) To juvenile and
adult parole and probation officers supervising the client under a mandated sex
offender treatment condition imposed by a court or releasing authority.
SECTION 10. (1) The Oregon Health Licensing Agency, in
consultation with the Sex Offender Treatment Board, shall establish by rule and
shall collect fees and charges to carry out its responsibilities under sections
1 to 12 of this 2007 Act.
(2) All moneys received
by the agency under subsection (1) of this section shall be paid into the
General Fund of the State Treasury and credited to the Oregon Health Licensing
Agency Account and are appropriated continuously to, and shall be used by, the
agency only for the administration and enforcement of sections 1 to 12 of this
2007 Act.
(3) The fees and charges
established by the agency under this section are subject to the prior approval
of the Oregon Department of Administrative Services. The fees and charges may
not exceed the cost of administering sections 1 to 12 of this 2007 Act
pertaining to the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the budget of the agency, as that
budget may be modified by the Emergency Board.
(4) In addition to the
fees and charges established under subsection (1) of this section, the agency
may assess fees and charges for providing copies of official documents or
records and for recovering administrative costs associated with compiling,
photocopying or preparing and delivering documents or records.
SECTION 11. (1) A person may not:
(a) Attempt to obtain a
certificate or renewal of a certificate under sections 1 to 5 of this 2007 Act
by bribery or fraudulent representation; or
(b) Purport to the
public to be engaged in the practice of sex offender treatment under the title “clinical
sex offender therapist” or “associate sex offender therapist” unless the person
possesses a valid certification under sections 1 to 5 of this 2007 Act.
(2) Nothing in sections
1 to 12 of this 2007 Act is intended to limit or prevent the practice of an
individual’s profession or to restrict a person from providing counseling or therapy
if the person or individual does not represent to the public by title that the
person or individual is a certified sex offender therapist.
(3) Each violation of
this section is a separate violation.
SECTION 12. (1) The Oregon Health Licensing Agency
shall:
(a) Issue certifications
to persons determined by the agency to be qualified.
(b) Make all
disbursements necessary to carry out the provisions of sections 1 to 12 of this
2007 Act.
(c) Maintain a registry
of all current certified sex offender therapists. The registry shall be made
available to the public online.
(d) Keep a record of its
proceedings related to the issuance, refusal, suspension and revocation of
certifications issued under sections 1 to 5 of this 2007 Act.
(e) Approve or sanction
programs for impaired professionals to assist any certified sex offender
therapist to regain or retain certification and shall impose the requirement of
participation in the program as a condition to reissuance or retention of
certification.
(f) In consultation with
the Sex Offender Treatment Board, create a multidisciplinary advisory committee
within the board. Persons who are not board members may be appointed as
nonvoting members to serve on the multidisciplinary advisory committee with the
approval of the board.
(2) The agency may:
(a) Deny, suspend,
revoke or refuse to issue or renew any certification issued under sections 1 to
5 of this 2007 Act.
(b) Provide for waivers
of examinations, grandfathering requirements and temporary certifications as
considered appropriate.
(c) In consultation with
the Sex Offender Treatment Board, create any committees within the board as
deemed necessary. Persons who are not board members may be appointed as
nonvoting members to serve on the committees with the approval of the board.
SECTION 12a. Notwithstanding the term of office
specified in section 7 of this 2007 Act, of the members first appointed to the
Sex Offender Treatment Board:
(1) Two shall serve for
terms ending on January 1, 2009;
(2) Two shall serve for
terms ending on January 1, 2010; and
(3) Three shall serve
for terms ending on January 1, 2011.
SECTION 13. ORS 676.606 is amended to read:
676.606. Pursuant to ORS
676.607, the Oregon Health Licensing Agency shall provide administrative and regulatory
oversight and centralized service for the following boards, advisory councils
and program:
(1) Board of Athletic
Trainers, as provided in ORS 688.701 to 688.734;
(2) Board of
Cosmetology, as provided in ORS 690.005 to 690.235;
(3) State Board of
Denture Technology, as provided in ORS 680.500 to 680.570;
(4) State Board of
Direct Entry Midwifery, as provided in ORS 687.405 to 687.495;
(5) Respiratory
Therapist Licensing Board, as provided in ORS 688.800 to 688.840;
(6) Environmental Health
Registration Board, as provided in ORS chapter 700;
(7) Advisory Council for
Electrologists and Permanent Color Technicians and Tattoo Artists, as provided
in ORS 690.350 to 690.430;
(8) Advisory Council on
Hearing Aids, as provided in ORS 694.015 to 694.185; [and]
(9) Body piercing
licensing program, as provided in ORS 690.500 to 690.570[.]; and
(10) Sex Offender
Treatment Board, as provided in sections 1 to 12 of this 2007 Act.
SECTION 14. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the performance
of the duties, functions and powers and for the organization of the agency.
(b) The Director of the
Oregon Department of Administrative Services shall establish the qualifications
for and appoint the Director of the Oregon Health Licensing Agency, who holds
office at the pleasure of the Director of the Oregon Department of
Administrative Services.
(c) The Director of the
Oregon Health Licensing Agency shall receive a salary as provided by law or, if
not so provided, as prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the
Oregon Health Licensing Agency shall be in the unclassified service.
(2) The Director of the
Oregon Health Licensing Agency shall be responsible for the performance of
duties and functions of the boards, councils and programs administered by the
agency. The Director of the Oregon Health Licensing Agency shall provide the
boards, councils and programs with such services and employees as the agency
requires to carry out its duties. Subject to any
applicable provisions of the State Personnel Relations Law, the Director of the
Oregon Health Licensing Agency shall appoint all subordinate officers and
employees of the agency, prescribe their duties and fix their compensation.
(3) Except as provided
in section 18, chapter 885, Oregon Laws 1999, the Director of the Oregon Health
Licensing Agency shall be responsible for carrying out the duties, functions
and powers under ORS 680.500 to 680.570, 680.990 (2), 687.405 to 687.495,
688.800 to 688.840, 688.995, 690.005 to 690.235, 690.350 to 690.430, 690.500 to
690.570, 690.992 and 694.015 to 694.185 and ORS chapter 700 and sections 1
to 12 of this 2007 Act.
(4) The enumeration
of duties, functions and powers in subsection (3) of this section is not
intended to be exclusive nor to limit the duties, functions and powers imposed
on or vested in the Oregon Health Licensing Agency by other statutes.
SECTION 15. ORS 676.612 is amended to read:
676.612. (1) In the
manner prescribed in ORS chapter 183 for contested cases and as specified in
ORS 680.535, 687.445, 688.734, 688.836, 690.167, 690.407, 690.515, 694.147 and
700.111 and section 6 of this 2007 Act, the Oregon Health Licensing
Agency may refuse to issue or renew, may suspend or revoke or may place on
probation or otherwise discipline a holder of a certificate, permit, license or
registration to practice issued by the agency for any of the following reasons:
(a) Fraud,
misrepresentation, concealment of material facts or deception in applying for
or obtaining an authorization to practice in this state,
or in any written or oral communication to the agency concerning the issuance
or retention of the authorization.
(b) Using, causing or
promoting the use of any advertising matter, promotional literature,
testimonial, guarantee, warranty, label, insignia or any other representation,
however disseminated or published, that is false, misleading or deceptive.
(c) Making a
representation that the certificate, permit, license or registration holder
knew or should have known is false or misleading regarding skill or the
efficacy or value of treatment or remedy administered by the holder.
(d) Practicing under a
false, misleading or deceptive name, or impersonating another certificate,
permit, license or registration holder.
(e) Permitting a person
other than the certificate, permit, license or registration holder to use the
certificate, permit, license or registration.
(f) Practicing with a
physical or mental condition that presents an unreasonable risk of harm to the
practitioner or to the person or property of others in the course of performing
the practitioner’s duties.
(g) Practicing while
under the influence of alcohol, controlled substances or other skill-impairing
substances, or engaging in the illegal use of controlled substances or other
skill-impairing substances so as to create a risk of harm to the person or
property of others in the course of performing the practitioner’s duties.
(h) Failing to properly
and reasonably accept responsibility for the actions of employees.
(i) Employing, directly
or indirectly, any suspended, uncertified, unlicensed or unregistered person to
practice a regulated occupation or profession subject to the authority of the
boards, councils and programs listed in ORS 676.606.
(j) Unprofessional
conduct, negligence, incompetence, repeated violations or any departure from or
failure to conform to standards of practice in performing services or
practicing in a regulated occupation or profession subject to the authority of
the boards, councils and programs listed under ORS 676.606.
(k) Conviction of any
criminal offense, subject to ORS 670.280. A copy of the record of conviction,
certified by the clerk of the court entering the conviction, is conclusive
evidence of the conviction. A plea of no contest or an admission of guilt shall
be considered a conviction for purposes of this paragraph.
(L) Failing to report
any adverse action, as required by statute or rule, taken against the
certificate, permit, license, or registration holder by another regulatory
jurisdiction or any peer review body, health care institution, professional
association, governmental agency, law enforcement agency or court for acts or
conduct similar to acts or conduct that would constitute grounds for
disciplinary action as described in this section.
(m) Violation of a
statute regulating an occupation or profession subject to the authority of the
boards, councils and programs listed in ORS 676.606.
(n) Violation of any
rule regulating an occupation or profession subject to the authority of the
boards, councils and programs listed in ORS 676.606.
(o) Failing to cooperate
with the agency in any investigation, inspection or request for information.
(2) The agency may
refuse to issue or renew, may suspend or revoke or may place on probation or
otherwise sanction a holder of a certificate, permit, license or registration
to practice issued by the agency for failure to pay an outstanding civil
penalty or fee that is due or for failure to meet the terms of any order issued
by the agency that has become final.
(3) For the purpose of
requesting a state or nationwide criminal records check under ORS 181.534, the
agency may require the fingerprints of a person who is:
(a) Applying for a
certificate, permit, license or registration that is issued by the agency;
(b) Applying for renewal
of a certificate, permit, license or registration that is issued by the agency;
or
(c) Under investigation
by the agency.
(4) If the agency places
a holder of a certificate, permit, license or registration on probation under
subsection (1) of this section, the agency, in consultation with the
appropriate board, council or program, may determine and at any time modify the
conditions of the probation.
(5) If a certificate,
permit, license or registration is suspended, the holder may not practice
during the term of suspension. Upon the expiration of the term of suspension,
the certificate, permit, license or registration may be reinstated by the
agency if the conditions of suspension no longer exist and the holder has
satisfied all requirements in the relevant statutes or administrative rules for
issuance, renewal or reinstatement.
SECTION 16. ORS 676.613 is amended to read:
676.613. (1) In addition
to all other remedies, when it appears to the Oregon Health Licensing Agency
that a person is engaged in, has engaged in or is about to engage in any act,
practice or transaction that violates any provision of ORS 676.617, 680.500 to
680.570, 687.405 to 687.495, 688.701 to 688.734, 688.800 to 688.840, 690.005 to
690.235, 690.350 to 690.430, 690.500 to 690.570 or 694.015 to 694.185 or ORS
chapter 700 or sections 1 to 12 of this 2007 Act, the agency may,
through the Attorney General or the district attorney of the county in which
the act, practice or transaction occurs or will occur, apply to the court for
an injunction restraining the person from the act, practice or transaction.
(2) A court may issue an
injunction under this section without proof of actual damages. An injunction
issued under this section does not relieve a person from any other prosecution
or enforcement action taken for violation of statutes listed in subsection (1) of
this section.
SECTION 17. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this section, and in
addition to any other penalty or remedy provided by law, the Oregon Health
Licensing Agency may impose a civil penalty not to exceed $5,000 for each
violation of the following statutes and any rule adopted thereunder:
(a) ORS 688.701 to
688.734 (athletic training);
(b) ORS 690.500 to
690.570 (body piercing);
(c) ORS 690.005 to
690.235 (cosmetology);
(d) ORS 680.500 to 680.570
(denture technology);
(e) ORS 687.405 to
687.495 (direct entry midwifery);
(f) ORS 690.350 to
690.430 (electrology and permanent coloring or tattooing);
(g) ORS 694.015 to
694.185 (dealing in hearing aids);
(h) ORS 688.800 to
688.840 (respiratory therapy);
(i) ORS chapter 700
(environmental sanitation); [and]
(j) ORS 676.617 (single
facility licensure)[.]; and
(k) Sections 1 to 12 of
this 2007 Act (sex offender treatment).
(2) The agency may take
any other disciplinary action that it finds proper, including but not limited
to assessment of costs of disciplinary proceedings, not to exceed $5,000, for
violation of any statute or rule adopted under any statute listed in subsection
(1) of this section.
(3) Subsection (1) of
this section does not limit the amount of the civil penalty resulting from a
violation of ORS 694.042.
(4) In imposing a civil
penalty pursuant to this section, the agency shall consider the following
factors:
(a) The immediacy and
extent to which the violation threatens the public health or safety;
(b) Any prior violations
of statutes, rules or orders;
(c) The history of the
person incurring a penalty in taking all feasible steps to correct any
violation; and
(d) Any other
aggravating or mitigating factors.
(5) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(6) The moneys received
by the agency from civil penalties under this section shall be paid into the
General Fund of the State Treasury and credited to the Oregon Health Licensing
Agency Account established under ORS 676.625. Such moneys are continuously
appropriated to the agency for the administration and enforcement of the laws
the agency is charged with administering and enforcing that govern the person
against whom the penalty was imposed.
SECTION 18. Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by section 1, chapter
260, Oregon Laws 2007 (Enrolled House Bill 5027), for the biennium beginning
July 1, 2007, as the maximum limit for payment of expenses from fees, moneys or
other revenues, including Miscellaneous Receipts, but excluding lottery funds
and federal funds, collected or received by the Oregon Health Licensing Agency,
is increased by $150,000 for the purpose of carrying out the provisions of
sections 1 to 12 of this 2007 Act.
SECTION 19. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date July 27, 2007
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