75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2506
Sponsored by Representatives BUCKLEY, TOMEI; Representatives
BOONE, D EDWARDS, ESQUIVEL, GELSER, KOTEK, MAURER, NATHANSON,
RILEY, SHIELDS, STIEGLER, Senators BATES, MORRISETTE
CHAPTER ................
AN ACT
Relating to persons subject to regulation by Oregon Board of
Licensed Professional Counselors and Therapists; creating new
provisions; and amending ORS 430.010, 675.705, 675.715,
675.720, 675.745, 675.825, 675.835, 743A.168 and 750.333.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 743. + }
SECTION 2. { + (1) If a group health benefit plan, as
described in ORS 743.730, provides for coverage for services
performed by a clinical social worker or nurse practitioner, the
plan also must cover services provided by a professional
counselor or marriage and family therapist licensed under ORS
675.715 to 675.835 when the counselor or therapist is acting
within the counselor's or therapist's lawful scope of practice.
(2) Health maintenance organizations may limit the receipt of
covered services performed by professional counselors and
marriage and family therapists to services provided by or upon
referral by providers contracting with the health maintenance
organization. Health maintenance organizations and health care
service contractors may create substantive plan benefit and
reimbursement differentials at the same level as, and subject to
limitations not more restrictive than, those imposed on coverage
or reimbursement of expenses arising out of other medical
conditions and apply them to contracting and noncontracting
providers.
(3) The provisions of ORS 743A.001 do not apply to this
section. + }
SECTION 3. ORS 430.010 is amended to read:
430.010. As used in ORS 430.010 to 430.050, 430.140 to 430.170,
430.265, 430.270 and 430.610 to 430.695:
(1) 'Department' means the Department of Human Services.
(2) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
(3) 'Residential facility' or 'day or partial hospitalization
program' means a program or facility providing an organized
full-day or part-day program of treatment. Such a program or
Enrolled House Bill 2506 (HB 2506-B) Page 1
facility shall be licensed, approved, established, maintained,
contracted with or operated by the department under:
(a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(c) ORS 430.610 to 430.880 for mental or emotional
disturbances.
(4) 'Outpatient service' means:
(a) A program or service providing treatment by appointment and
by { + :
(A) + } Medical or osteopathic physicians licensed by the
Oregon Medical Board under ORS 677.010 to 677.450;
{ + (B) + } Psychologists licensed by the State Board of
Psychologist Examiners under ORS 675.010 to 675.150;
{ + (C) + } Nurse practitioners registered by the Oregon
State Board of Nursing under ORS 678.010 to 678.410; { - or - }
{ + (D) + } Clinical social workers licensed by the State
Board of Clinical Social Workers under ORS 675.510 to 675.600; or
{ + (E) Professional counselors or marriage and family
therapists licensed by the Oregon Board of Licensed Professional
Counselors and Therapists under ORS 675.715 to 675.835; or + }
(b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the department under:
(A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(C) ORS 430.610 to 430.880 for mental or emotional
disturbances.
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
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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 + }
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{ - (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.
SECTION 5. ORS 675.720 is amended to read:
675.720. (1) If an applicant for a license under ORS 675.715
possesses the graduate degree required by ORS 675.715 but has not
submitted documentation satisfactory to the Oregon Board of
Licensed Professional Counselors and Therapists that the
applicant has the required supervised clinical work experience,
the applicant must register an internship plan to obtain
acceptable post-degree supervised work experience to qualify for
a license as a professional counselor or as a marriage and family
therapist.
(2) To register as a professional counselor intern or as a
marriage and family therapist intern under this section, the
applicant shall submit in the form and manner determined by the
board:
(a) A request for registration; and
(b) A plan to obtain or complete the supervised clinical work
experience required for licensure.
(3) The board shall register the applicant as an intern upon
receipt and approval of the completed request and plan
{ - as - } required in subsection (2) of this section.
(4)(a) A registered intern { - shall - } { + must + } renew
the certificate of registration annually on or before the first
day of the month in which the board approved the initial
registration. To renew a certificate of registration, a
registered intern shall:
(A) Submit a renewal application in the form and manner
established by the board accompanied by a renewal fee pursuant to
ORS 675.785; and
(B) Document fulfillment of all other requirements established
by the board by rule.
(b) Failure to renew a registration within 30 days of the
annual renewal date { - shall terminate - }
{ + terminates + } the registration and the application for
licensure.
(5) Registered interns are subject to all ethical standards
adopted by the board.
SECTION 6. { + Section 7 of this 2009 Act is added to and made
a part of ORS 675.715 to 675.835. + }
SECTION 7. { + A licensee shall practice under one of the
following names:
(1) The name of the licensee.
(2) An assumed business name or other designation that
describes a place, institution, organization or agency where or
in connection with which the licensee conducts practice. + }
SECTION 8. 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
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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 { + or
diagnosing or treating mental disorders + }, 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 - }
{ + a registered intern + } 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 183.745, { + + }the board may impose a
civil penalty of not more than { - $1,000 - } { + $2,500 + }
for each { - violation of subsection (1) or (2) of this
section - } { + ground for discipline listed in subsection (1)
of this section found by the board + }.
{ + (5) Pursuant to ORS 183.745, the board may impose a civil
penalty of not more than $2,500 for each violation of or failure
to observe any limitation or condition imposed by the board on
the licensee's or registered intern's practice under subsection
(2) of this section. + }
{ - (5) - } { + (6) + } 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) - } { + (7) + } 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 9. ORS 675.825 is amended to read:
675.825. (1) { - No - } { + A + } person { - shall - }
{ + may not + }:
(a) Attempt to obtain or obtain a license or { + license + }
renewal
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{ - thereof - } by bribery or fraudulent representation.
(b) { + Engage in or + } purport to the public to be engaged
in the practice of professional counseling under the title
'licensed professional counselor' unless the person
{ - possesses a valid license to practice professional
counseling as provided in ORS 675.715 to 675.835. - } { + is a
licensee. + }
(c) { + Engage in or + } purport to the public to be engaged
in the practice of marriage and family therapy under the title of
' licensed marriage and family therapist' unless the person
{ - possesses a valid license to practice marriage and family
therapy as provided in ORS 675.715 to 675.835. - } { + is a
licensee.
(d) Engage in the practice of professional counseling or
marriage and family therapy unless:
(A) The person is a licensee, registered intern or graduate
student pursuing a graduate degree in counseling or marriage and
family therapy; or
(B) The person is exempted from the licensing requirements of
ORS 675.715 to 675.835 by subsection (3) of this section.
(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. + }
{ - (2) Nothing in ORS 675.715 to 675.835 is intended to
limit or prevent the practice of an individual's profession or to
restrict a person from providing counseling services or marriage
and family therapy if the person or individual does not represent
to the public by title that the person or individual is a
licensed professional counselor or licensed marriage and family
therapist. - }
{ + (2) + } { - The prohibition on the use of the title
marriage and family therapist does not apply to - } A registered
or licensed clinical social worker or licensed psychologist whose
registration or license was issued prior to October 1, 1991 { + ,
may use the title ' marriage and family therapist + }. '
{ + (3) The licensing requirements of ORS 675.715 to 675.835
do not apply to a person who is:
(a) Licensed, certified, registered or similarly regulated
under the laws of this state and who is performing duties within
the authorized scope of practice of the license, certification,
registration or regulation.
(b) A recognized member of the clergy, provided that the person
is acting in the person's ministerial capacity.
(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:
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(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). + }
{ - (3) - } { + (5) + } Each violation of this section is a
separate violation.
{ - (4) - } { + (6) + } The { - Oregon Board of Licensed
Professional Counselors and Therapists - } { + board + } may
levy a civil penalty not to exceed { - $1,000 - } { +
$2,500 + } for each separate violation { + of this section + }.
SECTION 10. ORS 675.835 is amended to read:
675.835. (1) The Oregon Board of Licensed Professional
Counselors and Therapists may commence injunction proceedings in
any circuit court to enjoin violation of ORS 675.825.
(2) In proceedings under this section, the board need not show
that any person is injured by the person against whom the
injunction is sought.
(3) { + (a) + } If the person against whom an injunction is
sought under this section is found by the court to have
unlawfully used the title 'licensed professional counselor' or
'licensed marriage and family therapist,' a court may grant an
injunction barring { - such practice. - } { + the person from
using the title.
(b) If the person against whom an injunction is sought under
this section is found by the court to have unlawfully engaged in
the practice of professional counseling or marriage and family
therapy, a court may grant an injunction barring the person from
engaging in the unlawful practice. + }
(4) An injunction under this section is in addition to any
other remedies or penalties provided by law.
SECTION 11. ORS 743A.168 is amended to read:
743A.168. A group health insurance policy providing coverage
for hospital or medical expenses shall provide coverage for
expenses arising from treatment for chemical dependency,
including alcoholism, and for mental or nervous conditions at the
same level as, and subject to limitations no more restrictive
than, those imposed on coverage or reimbursement of expenses
arising from treatment for other medical conditions. The
following apply to coverage for chemical dependency and for
mental or nervous conditions:
(1) As used in this section:
(a) 'Chemical dependency' means the addictive relationship with
any drug or alcohol characterized by a physical or psychological
relationship, or both, that interferes on a recurring basis with
the individual's social, psychological or physical adjustment to
common problems. For purposes of this section, 'chemical
dependency' does not include addiction to, or dependency on,
tobacco, tobacco products or foods.
(b) 'Facility' means a corporate or governmental entity or
other provider of services for the treatment of chemical
dependency or for the treatment of mental or nervous conditions.
(c) 'Group health insurer' means an insurer, a health
maintenance organization or a health care service contractor.
(d) 'Program' means a particular type or level of service that
is organizationally distinct within a facility.
(e) 'Provider' means a person that has met the credentialing
requirement of a group health insurer, is otherwise eligible to
receive reimbursement for coverage under the policy and is:
(A) A health care facility;
(B) A residential program or facility;
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(C) A day or partial hospitalization program;
(D) An outpatient service; or
(E) An individual behavioral health or medical professional
authorized for reimbursement under Oregon law.
(2) The coverage may be made subject to provisions of the
policy that apply to other benefits under the policy, including
but not limited to provisions relating to deductibles and
coinsurance. Deductibles and coinsurance for treatment in health
care facilities or residential programs or facilities may not be
greater than those under the policy for expenses of
hospitalization in the treatment of other medical conditions.
Deductibles and coinsurance for outpatient treatment may not be
greater than those under the policy for expenses of outpatient
treatment of other medical conditions.
(3) The coverage may not be made subject to treatment
limitations, limits on total payments for treatment, limits on
duration of treatment or financial requirements unless similar
limitations or requirements are imposed on coverage of other
medical conditions. The coverage of eligible expenses may be
limited to treatment that is medically necessary as determined
under the policy for other medical conditions.
(4)(a) Nothing in this section requires coverage for:
(A) Educational or correctional services or sheltered living
provided by a school or halfway house;
(B) A long-term residential mental health program that lasts
longer than 45 days;
(C) Psychoanalysis or psychotherapy received as part of an
educational or training program, regardless of diagnosis or
symptoms that may be present;
(D) A court-ordered sex offender treatment program; or
(E) A screening interview or treatment program under ORS
813.021.
(b) Notwithstanding paragraph (a)(A) of this subsection, an
insured may receive covered outpatient services under the terms
of the insured's policy while the insured is living temporarily
in a sheltered living situation.
(5) A provider is eligible for reimbursement under this section
if:
(a) The provider is approved by the Department of Human
Services;
(b) The provider is accredited for the particular level of care
for which reimbursement is being requested by the Joint
Commission on Accreditation of Hospitals or the Commission on
Accreditation of Rehabilitation Facilities;
(c) The patient is staying overnight at the facility and is
involved in a structured program at least eight hours per day,
five days per week; or
(d) The provider is providing a covered benefit under the
policy.
(6) Payments may not be made under this section for support
groups.
(7) If specified in the policy, outpatient coverage may include
follow-up in-home service or outpatient services. The policy may
limit coverage for in-home service to persons who are homebound
under the care of a physician.
(8) Nothing in this section prohibits a group health insurer
from managing the provision of benefits through common methods,
including but not limited to selectively contracted panels,
health plan benefit differential designs, preadmission screening,
prior authorization of services, utilization review or other
Enrolled House Bill 2506 (HB 2506-B) Page 8
mechanisms designed to limit eligible expenses to those described
in subsection (3) of this section.
(9) The Legislative Assembly has found that health care cost
containment is necessary and intends to encourage insurance
policies designed to achieve cost containment by ensuring that
reimbursement is limited to appropriate utilization under
criteria incorporated into such policies, either directly or by
reference.
(10)(a) Subject to the patient or client confidentiality
provisions of ORS 40.235 relating to physicians, ORS 40.240
relating to nurse practitioners, ORS 40.230 relating to
psychologists { - and - } { + , + } ORS 40.250 and 675.580
relating to licensed clinical social workers { - , - } { + and
ORS 40.262 relating to licensed professional counselors and
licensed marriage and family therapists, + } a group health
insurer may provide for review for level of treatment of
admissions and continued stays for treatment in health care
facilities, residential programs or facilities, day or partial
hospitalization programs and outpatient services by either group
health insurer staff or personnel under contract to the group
health insurer, or by a utilization review contractor, who shall
have the authority to certify for or deny level of payment.
(b) Review shall be made according to criteria made available
to providers in advance upon request.
(c) Review shall be performed by or under the direction of a
medical or osteopathic physician licensed by the Oregon Medical
Board, a psychologist licensed by the State Board of Psychologist
Examiners { - or - } { + , + } a clinical social worker
licensed by the State Board of Clinical Social Workers { - , - }
{ + or a professional counselor or marriage and family
therapist licensed by the Oregon Board of Licensed Professional
Counselors and Therapists, + } in accordance with standards of
the National Committee for Quality Assurance or Medicare review
standards of the Centers for Medicare and Medicaid Services.
(d) Review may involve prior approval, concurrent review of the
continuation of treatment, post-treatment review or any
combination of these. However, if prior approval is required,
provision shall be made to allow for payment of urgent or
emergency admissions, subject to subsequent review. If prior
approval is not required, group health insurers shall permit
providers, policyholders or persons acting on their behalf to
make advance inquiries regarding the appropriateness of a
particular admission to a treatment program. Group health
insurers shall provide a timely response to such inquiries.
Noncontracting providers must cooperate with these procedures to
the same extent as contracting providers to be eligible for
reimbursement.
(11) Health maintenance organizations may limit the receipt of
covered services by enrollees to services provided by or upon
referral by providers contracting with the health maintenance
organization. Health maintenance organizations and health care
service contractors may create substantive plan benefit and
reimbursement differentials at the same level as, and subject to
limitations no more restrictive than, those imposed on coverage
or reimbursement of expenses arising out of other medical
conditions and apply them to contracting and noncontracting
providers.
(12) Nothing in this section prevents a group health insurer
from contracting with providers of health care services to
furnish services to policyholders or certificate holders
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according to ORS 743.531 or 750.005, subject to the following
conditions:
(a) A group health insurer is not required to contract with all
eligible providers.
(b) An insurer or health care service contractor shall, subject
to subsections (2) and (3) of this section, pay benefits toward
the covered charges of noncontracting providers of services for
the treatment of chemical dependency or mental or nervous
conditions. The insured shall, subject to subsections (2) and (3)
of this section, have the right to use the services of a
noncontracting provider of services for the treatment of chemical
dependency or mental or nervous conditions, whether or not the
services for chemical dependency or mental or nervous conditions
are provided by contracting or noncontracting providers.
(13) The intent of the Legislative Assembly in adopting this
section is to reserve benefits for different types of care to
encourage cost effective care and to ensure continuing access to
levels of care most appropriate for the insured's condition and
progress.
(14) The Director of the Department of Consumer and Business
Services, after notice and hearing, may adopt reasonable rules
not inconsistent with this section that are considered necessary
for the proper administration of these provisions.
SECTION 12. ORS 750.333, as amended by section 8, chapter 137,
Oregon Laws 2003, section 4, chapter 263, Oregon Laws 2003,
section 3, chapter 446, Oregon Laws 2003, section 6, chapter 418,
Oregon Laws 2005, section 12, chapter 182, Oregon Laws 2007,
section 9, chapter 313, Oregon Laws 2007, section 7, chapter 504,
Oregon Laws 2007, section 7, chapter 566, Oregon Laws 2007,
section 7, chapter 872, Oregon Laws 2007, and section 9, chapter
22, Oregon Laws 2008, is amended to read:
750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652 and 731.804 to 731.992.
(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
(c) ORS chapter 734.
(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.730 to 743.773 (except 743.760 to 743.773), 743.801,
743.804, 743.807, 743.808, 743.814 to 743.839, 743.842, 743.845,
743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861,
743.862, 743.863, 743.864, 743A.012, 743A.064, 743A.080,
743A.100, 743A.104, 743A.110 and 743A.184 { + and section 2 of
this 2009 Act + }.
(f) ORS 743A.010, 743A.014, 743A.024, 743A.028, 743A.032,
743A.036, 743A.040, 743A.048, 743A.066, 743A.068, 743A.084,
743A.088, 743A.090, 743A.140, 743A.148, 743A.168, 743A.180 and
743A.190. Multiple employer welfare arrangements to which ORS
743.730 to 743.773 apply are subject to the sections referred to
in this paragraph only as provided in ORS 743.730 to 743.773.
(g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
Enrolled House Bill 2506 (HB 2506-B) Page 10
(h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
(i) ORS 731.592 and 731.594.
(j) Section 2, chapter 22, Oregon Laws 2008.
(2) For the purposes of this section:
(a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
(b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
(c) Contributions shall be considered premiums.
(3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
SECTION 13. { + (1) A person engaged in professional
counseling or marriage and family therapy on the effective date
of this 2009 Act who is not licensed under ORS 675.715 to 675.835
or exempted from the provisions of ORS 675.715 to 675.835 by ORS
675.825 may continue to engage in the practice of professional
counseling or marriage and family therapy if the person applies
on or before January 1, 2011, for:
(a) A license to practice professional counseling or marriage
and family therapy; or
(b) A registered internship.
(2) A person may continue to engage in the practice of
professional counseling or marriage and family therapy as
authorized by subsection (1) of this section until the Oregon
Board of Licensed Professional Counselors and Therapists makes a
final determination whether to issue a license to the person or
to approve the person's request for a registered internship.
(3) Subsection (2) of this section applies to persons who:
(a) Have received a graduate degree;
(b) Have not fulfilled the supervised hours or other
educational requirements for licensure as a professional
counselor or marriage and family therapist; and
(c) Are otherwise eligible to receive a license or registered
internship.
(4)(a) A person practicing professional counseling under this
section without a license or registered internship shall provide
a written statement to all clients treated by the person that the
person is not a licensed professional counselor or registered
intern.
(b) A person practicing marriage and family therapy under this
section without a license or registered internship shall provide
a written statement to all clients treated by the person that the
person is not a licensed marriage and family therapist or
registered intern.
(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
Enrolled House Bill 2506 (HB 2506-B) Page 11
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
Enrolled House Bill 2506 (HB 2506-B) Page 12
applicant. Incomplete applications include, but are not limited
to, applications lacking documentation, signatures or the payment
of fees required by the board.
SECTION 15. { + Section 13 of this 2009 Act is repealed on
January 2, 2012. + }
SECTION 16. { + Section 2 of this 2009 Act and the amendments
to ORS 430.010, 743A.168 and 750.333 by sections 3, 11 and 12 of
this 2009 Act apply to group health benefit plan policies issued
or renewed on or after January 1, 2010. + }
----------
Passed by House April 9, 2009
Repassed by House June 3, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 1, 2009
...........................................................
President of Senate
Enrolled House Bill 2506 (HB 2506-B) Page 13
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2506 (HB 2506-B) Page 14