75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2506
 
LC 287/HB 2506-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2506
 
                 By COMMITTEE ON HUMAN SERVICES
 
                             April 6
 
  On page 1 of the printed bill, line 3, after '675.705 ' insert
', 675.715'.
  In line 7, before 'health' insert 'group' and delete ' defined'
and insert 'described'.
  On page 2, delete lines 14 through 45.
  On page 3, delete line 1 and insert:
  '  { +  SECTION 4. + } 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. - }
  '  { +  (1) 'Assessment' means assessment under standards
developed by a national body responsible for accrediting graduate
training programs in clinical counseling for professional
counselors or in marriage and family therapy for marriage and
family therapists. + }
  ' (2) 'Licensed marriage and family therapist' means a person
to whom a license has been issued under ORS 675.715.
  ' (3) 'Licensed professional counselor' means a person issued a
license under ORS 675.715.
  ' (4) 'Licensee' means a licensed professional counselor or a
licensed marriage and family therapist.
  ' (5) { + (a) + } '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 - }   { + the assessment, diagnosis and
treatment of mental, emotional and behavioral disorders within
the context of marriage and family systems involving the
application of psychotherapeutic and family systems theories and
techniques in the delivery of services to individuals, couples
and families.
  ' (b) 'Marriage and family therapy' may include, but is not
limited to:
  ' (A) Application of counseling techniques for the purpose of
resolving intrapersonal and interpersonal conflict and changing
perceptions, attitudes, behaviors and interactional processes in
the area of human relationships and family life;
  ' (B) Research activities, including reporting, designing or
conducting research in marriage and family therapy with human
subjects;
  ' (C) Referral activities, including the referral to other
specialists when indicated to provide ethical treatment;
  ' (D) Consulting activities that apply marriage and family
therapy procedures to provide assistance to organizations that
support or enrich marriage and family life; and
 
  ' (E) Record keeping activities, including documentation of
counseling treatment, therapeutic services and clinical
supervision + }.
  ' (6) { + (a) + } '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: - }   { + the assessment,
diagnosis and treatment of mental, emotional and behavioral
disorders and the provision of counseling services to address
personal growth and wellness, provided through the therapeutic
relationship to individuals, couples, children, families, groups
and organizations, based on the principles of mental health,
behavioral science including statistical analysis, human growth
and development throughout the life span, career development,
group dynamics and cultural and social diversity, and using
cognitive, affective, behavioral and systemic intervention
strategies.
  ' (b) 'Professional counseling' may include, but is not limited
to: + }
  '  { - (a) - }   { + (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) Definition of goals and the planning of action reflecting
interests, abilities, aptitudes and needs as they relate to
problems, disabilities or concerns in personal, social,
educational, rehabilitation and career adjustments; + }
  '  { - (b) - }   { + (C) + } Research activities { + , + }
including reporting, designing  { - , - }   { + or + } conducting
 { - or consulting on - }  research in counseling with human
subjects  { - . - }  { + ; + }
  '  { - (c) - }   { + (D) + } Referral activities { + , + }
including the referral to other specialists  { - . - }  { +  when
indicated to provide ethical treatment; + }
  '  { - (d) - }   { + (E) + } Consulting activities
 { - which - }   { + that + } apply counseling procedures and
interpersonal skills to provide assistance in solving problems
 { - that a client may have in relation - }   { + relating + } to
an individual, group or organization  { - . - }  { + ; and + }
  '  { - (e) - }   { + (F) + } Record keeping activities,
including documentation of counseling treatment   { - or - }
 { + , + } therapeutic services  { +  and clinical
supervision + }.
  ' (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.'.
  On page 4, line 1, after 'tests' insert 'or diagnosing or
treating mental disorders'.
  In line 33, delete 'or a registered'.
  In line 34, delete 'intern'.
  In line 38, delete 'or a registered intern'.
  In line 41, after 'licensee' delete the rest of the line and
insert ', registered intern or graduate student pursuing a
graduate degree in counseling or marriage and family therapy;
or'.
  Delete lines 44 and 45.
  On page 5, delete lines 1 through 4 and insert:
  ' (e) Provide counseling or therapy services of a
psychotherapeutic nature if the person's license to practice as a
professional counselor or as a marriage and family therapist has
been revoked by the Oregon Board of Licensed Professional
Counselors and Therapists because the person engaged in sexual
activity with a client.'.
  Delete lines 13 and 14.
  In line 15, delete '(b)' and insert '(a)'.
  In line 18, delete '(c)' and insert '(b)'.
  Delete lines 20 through 25 and insert:
  ' (c) Employed by a local, state or federal agency or any
agency licensed or certified by the state to provide mental
health or health services, if the person's activities
constituting professional counseling or marriage and family
therapy are performed within the scope of the person's
employment.
  ' (d) Authorized to provide addiction treatment services under
rules of the Department of Human Services.
  ' (4) Nothing in ORS 675.715 to 675.835 limits or prevents the
practice of a person's profession or restricts a person from
providing counseling services or services related to marriage and
family if the person:
  ' (a) Does not meet the requirements of ORS 675.715 (2); or
  ' (b) Does not practice:
  ' (A) Marriage and family therapy as defined in ORS 675.705
(5)(a); or
  ' (B) Professional counseling as defined in ORS 675.705
(6)(a).'.
  In line 26, delete '(4)' and insert '(5)'.
  In line 27, delete '(5)' and insert '(6)' and delete ' Oregon
Board of Licensed Professional Counselors and Therapists' and
insert 'board'.
  On page 9, line 21, delete '2013' and insert '2011'.
  In line 25, delete 'board' and insert 'Oregon Board of Licensed
Professional Counselors and Therapists'.
  In line 27, after 'for' insert 'a'.
  In line 34, delete 'patients' and insert 'clients'.
  In line 37, delete 'patients' and insert 'clients'.
  After line 38, insert:
  ' (5)(a) A person licensed under ORS 675.715 to 675.835 on the
effective date of this 2009 Act may not practice professional
counseling or marriage and family therapy unless the person has
submitted a written attestation to the board that the person has
training and experience in the diagnosis of mental disorders.
  ' (b) The board shall randomly audit attestations submitted
under paragraph (a) of this subsection.
  '  { +  SECTION 14. + } 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
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 { +
that includes training in the diagnosis of mental disorders + };
  ' (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 { +  that includes training in the
diagnosis of mental disorders + };
  ' (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 { +  and that includes
training in the diagnosis of mental disorders + }; 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 that includes training in the diagnosis
of mental disorders + }, 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  { + clinical + } experience, or the equivalent, under
a board-approved supervisor in a board-approved setting. One year
of the supervised  { + clinical + } 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 - }   { + must + } include, but  { + need + } not be
limited to, counseling theory, human growth and development,
social and cultural foundations, the helping relationship, group
dynamics, lifestyle 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 - }   { + must + } include, but  { + need + }
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 - }   { + is + } 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.'.
  In line 39, delete '14' and insert '15' and delete ' 2014' and
insert '2012'.
  In line 40, delete '15' and insert '16'.
  In line 41, after 'to' insert 'group'.
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