74th OREGON LEGISLATIVE ASSEMBLY--2007 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 374
 
                         Senate Bill 229
 
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 Theodore R.
  Kulongoski for State Board of Psychologist Examiners)
 
 
                             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 as
introduced.
 
  Authorizes State Board of Psychologist Examiners to order
psychological, physical and psychiatric assessments of licensees.
 
                        A BILL FOR AN ACT
Relating to licensee assessments ordered by the State Board of
  Psychologist Examiners; creating new provisions; and amending
  ORS 675.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 675.110 is amended to read:
  675.110. The State Board of Psychologist Examiners shall have
the following powers, in addition to the powers otherwise granted
under ORS 675.010 to 675.150, and shall have all powers necessary
or proper to carry the granted powers into effect:
  (1) To determine qualifications of applicants to practice
psychology in this state; to cause to have examinations prepared,
conducted and graded and to grant licensing to qualified
applicants upon their compliance with the provisions of ORS
675.010 to 675.150 and the rules of the board.
  (2) To grant or deny renewal of licenses, and to renew licenses
which have lapsed for nonpayment of the renewal fee, subject to
the provisions of ORS 675.010 to 675.150.
  (3) To suspend or revoke licenses, subject to ORS 675.010 to
675.150.
  (4) To issue letters of reprimand, to impose probationary
periods with the authority to restrict the scope of practice of a
licensed psychologist or to require practice under supervision.
  (5) To impose civil penalties not to exceed $1,000.
  (6) To restore licenses which have been suspended or revoked or
voided by nonpayment of the renewal fee.
  (7)(a) To collect fees for application, examination and
licensing of applicants, for renewal of licenses, and for
issuance of limited permits, such fees to be used to defray the
expenses of the board as provided in ORS 675.140.
  (b) The board may collect a delinquent renewal fee for licenses
renewed after the deadline for renewal but before the grace
period for renewal has expired.
 
  (8) To investigate alleged violations of ORS 675.010 to
675.150.
  (9) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings, require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
  (10) To enforce ORS 675.010 to 675.150 and to exercise general
supervision over the practice of psychology in this state.
  (11) To adopt a common seal.
  (12) To formulate a code of professional conduct for the
practice of psychology giving particular consideration to the
Ethical Standards of Psychologists promulgated by the American
Psychological Association.
  (13) To establish standards of service and training and
educational qualifications for the rendering of ethical
psychological services in this state, including the formulation
of standards for the issuance of licenses for areas of special
competence.
  (14) To formulate and enforce continuing education requirements
for duly licensed psychologists to insure the highest quality of
professional services to the public.
  (15) To deny renewal of a license, or renewal of a license that
has lapsed for nonpayment of the renewal fee, unless prior to
payment of the renewal fee described in subsection (7) of this
section the applicant completes, or provides documentation of
previous completion of:
  (a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under ORS 409.500; or
  (b) An equivalent pain management education program, as
determined by the board.
   { +  (16) To require a licensed psychologist to undergo a
psychological, physical or psychiatric assessment as provided in
section 3 of this 2007 Act. + }
    { - (16) - }   { + (17) + } For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534, to
require the fingerprints of a person who is:
  (a) Applying for a license that is issued by the board;
  (b) Applying for renewal of a license that is issued by the
board; or
  (c) Under investigation by the board.
    { - (17) - }   { + (18) + } Subject to the applicable
provisions of ORS chapter 183, to adopt reasonable rules to carry
out the provisions of ORS 675.010 to 675.150.
  SECTION 2.  { + Section 3 of this 2007 Act is added to and made
a part of ORS 675.010 to 675.150. + }
  SECTION 3.  { + (1) Notwithstanding ORS 675.085, the State
Board of Psychologist Examiners may at any time direct and order
a licensed psychologist to submit to a psychological, physical or
psychiatric assessment or any combination thereof, and the board
may make any investigation, including the taking of depositions
or otherwise, in order to fully inform itself with respect to the
performance or conduct of a licensed psychologist.
  (2) A psychologist licensed by the board shall be deemed to
have given consent to submit to psychological, physical or
psychiatric assessment when so directed by the board and to have
waived all objection to the admissibility of information derived
from an assessment ordered by the board on the grounds of
privileged communication. + }
                         ----------