75th OREGON LEGISLATIVE ASSEMBLY--2009 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 862
Senate Bill 211
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 Attorney General Hardy
Myers for Department of Justice)
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.
Establishes requirements for certification of batterer
intervention program and registration of batterer intervention
program in development.
Establishes Advisory Committee for Batterer Intervention within
Oregon Health Licensing Agency to develop standards related to
certification and registration.
Allows agency to collect fees and charges to carry out
responsibilities of agency related to batterer intervention
programs, and continuously appropriates fees and charges to
agency.
A BILL FOR AN ACT
Relating to batterer intervention programs; creating new
provisions; amending ORS 676.606, 676.610, 676.612, 676.613 and
676.992; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 9 of this 2009 Act:
(1) 'Batterer intervention program' means a program offered by
a public or private entity to provide intervention and education
services to a person for the purpose of helping the person to
stop committing battering or other domestic violence, as that
term is defined ORS 135.230.
(2) 'Batterer intervention program in development' means a
batterer intervention program that is registered as provided by
section 3 of this 2009 Act and that is in the process of meeting
the certification requirements of section 2 of this 2009 Act.
(3) 'Battering' means physical violence, sexual violence,
threats, isolation, emotional and psychological intimidation,
verbal abuse, stalking, economic abuse or other controlling
behaviors involving a family or household member, as that term is
defined in ORS 135.230. 'Battering' may be further defined by
rule of the Advisory Committee for Batterer Intervention in
consultation with the Department of Justice.
(4) 'Certified batterer intervention program' means a batterer
intervention program that is certified as provided by section 2
of this 2009 Act. + }
SECTION 2. { + (1) Subject to ORS 676.612, the Oregon Health
Licensing Agency shall certify a batterer intervention program if
the applicant for the certification of the program provides to
the agency:
(a) A completed application for certification;
(b) The fee prescribed by the agency by rule;
(c) Evidence that the persons who will provide the services of
the program have:
(A) Met the education, training and practical experience
requirements established by rule of the Advisory Committee for
Batterer Intervention; and
(B) Sufficient knowledge of the requirements of sections 1 to 9
of this 2009 Act, the rules adopted under sections 1 to 9 of this
2009 Act and any other relevant practice standards; and
(d) Evidence that the program meets other standards established
by rule of the committee.
(2) For the purpose of this section, the agency shall:
(a) Develop, in consultation with the committee, an application
for certification.
(b) Administer an examination that is developed by the
committee for the purpose of testing applicants' knowledge of the
requirements of sections 1 to 9 of this 2009 Act, the rules
adopted under sections 1 to 9 of this 2009 Act and any other
relevant practice standards.
(3) A certificate provided under this section expires two years
from the date of issuance, unless otherwise provided by the
agency by rule. A certificate may be renewed upon submission of
an application for renewal, and a fee for renewal, to the agency
if the person can show that the person is in compliance with the
provisions of sections 1 to 9 of this 2009 Act and the rules
adopted under sections 1 to 9 of this 2009 Act.
(4) A certificate may be provided under this section to a
batterer intervention program that is certified in another state
if the requirements for certification by that state are
substantially similar to the requirements for certification that
are required by this state, as determined by the agency based on
standards adopted by the committee.
(5) The agency may adopt by rule requirements for the issuance
of a temporary certificate. + }
SECTION 3. { + (1) A person may apply to register as a
batterer invention program in development by providing to the
Oregon Health Licensing Agency:
(a) A completed application for registration;
(b) The fee prescribed by the agency by rule;
(c) Evidence that the persons who will provide the services of
the program have met any education, training or practical
experience requirements established by rule of the Advisory
Committee for Batterer Intervention;
(d) Plans for the program to meet the requirements for
certification as provided by section 2 of this 2009 Act;
(e) The name of a person who provides the services of a
certified batterer intervention program and who will ensure that
the batterer intervention program in development meets prescribed
practice standards established by rule of the committee; and
(f) Evidence that the program meets other standards established
by rule of the committee.
(2)(a) A plan submitted as provided by subsection (1) of this
section must describe how the batterer intervention program in
development will meet the requirements of a certified batterer
intervention program within two years of being registered.
(b) The committee shall review and accept or deny a plan
submitted under subsection (1) of this section.
(c) Subject to ORS 676.612, the agency shall register the
batterer intervention program as a batterer intervention program
in development upon approval of a plan by the committee. If the
committee denies a plan, the committee shall provide a written
explanation for the reason of the denial. A denial may be
appealed pursuant to the provisions of ORS chapter 183.
(d) The agency may review a batterer intervention program in
development one year after the program is registered, or at such
other times as the agency determines appropriate, to evaluate
whether the program is making sufficient progress toward meeting
the goals of the plan.
(3) Registration provided under this section expires two years
from the date of issuance. Registration may not be renewed unless
specifically approved by the agency. + }
SECTION 4. { + In the manner prescribed in ORS chapter 183 for
contested cases, and at the direction of the Advisory Committee
for Batterer Intervention, the Oregon Health Licensing Agency may
impose a form of discipline listed in ORS 676.612 against any
person providing a batterer intervention program for any of the
grounds listed in ORS 676.612 or for any violation of the
provisions of sections 1 to 9 of this 2009 Act or the rules
adopted under sections 1 to 9 of this 2009 Act. + }
SECTION 5. { + (1) The Advisory Committee for Batterer
Intervention is established within the Oregon Health Licensing
Agency. The committee consists of members appointed by the
Attorney General as needed to carry out the work of the
committee. All members of the committee must be residents of
this state.
(2) The agency shall provide the committee with any
administrative services and employees that the committee requires
to carry out its duties for the administration of sections 1 to 9
of this 2009 Act.
(3) Members of the committee are eligible for compensation and
expenses as provided in ORS 292.495 from funds available under
section 8 of this 2009 Act.
(4) The Attorney General, or the designated representative of
the Attorney General, shall serve as the chairperson of the
committee. Another member of the committee may be selected by the
Attorney General, after consultation with the committee, to serve
as vice chairperson. The chairperson and vice chairperson shall
have such duties and powers necessary for the performance of the
functions of those offices as the committee determines.
(5) A majority of the committee constitutes a quorum for the
transaction of business.
(6) The committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the committee. + }
SECTION 6. { + The Advisory Committee for Batterer
Intervention established under section 5 of this 2009 Act shall:
(1) Establish the requirements and standards that a batterer
intervention program must meet to be certified as provided by
section 2 of this 2009 Act.
(2) Establish the requirements and standards that a batterer
intervention program must meet to be registered as a batterer
intervention program in development as provided by section 3 of
this 2009 Act.
(3) Establish the requirements for reviewing a plan submitted
by an applicant to become registered as a batterer intervention
program in development and for reviewing the progress of a
program in meeting the goals of the plan, as provided by section
3 of this 2009 Act.
(4) Establish the standards of practice and professional
responsibility and standards for education, training and
practical experience for a batterer intervention program to
continue to be certified or registered as provided by sections 2
and 3 of this 2009 Act.
(5) Develop an examination to test applicants' knowledge of the
requirements of sections 1 to 9 of this 2009 Act, the rules
adopted under sections 1 to 9 of this 2009 Act and any other
relevant practice standards.
(6) Establish the standards for certifying a batterer
intervention program that is certified in another state.
(7) Advise the Oregon Health Licensing Agency on all matters
related to administering sections 1 to 9 of this 2009 Act and
recommend rules, standards and guidelines necessary for the
administration of sections 1 to 9 of this 2009 Act. + }
SECTION 7. { + (1) For the purpose of administering sections 1
to 9 of this 2009 Act, the Oregon Health Licensing Agency shall:
(a) Determine if a batterer intervention program meets the
certification requirements of section 2 of this 2009 Act, and
certify programs that meet the requirements.
(b) Determine if a batterer intervention program meets the
registration requirements of section 3 of this 2009 Act, and
register programs that meet the requirements.
(c) Administer any examinations required for certification
under section 2 of this 2009 Act.
(d) Make available through a public website a list of all
certified batterer intervention programs and batterer
intervention programs in development.
(e) Make all disbursements necessary to carry out the
provisions of sections 1 to 9 of this 2009 Act.
(f) Keep a record of the proceedings of the agency related to
the issuance, renewal, denial, suspension and revocation of
certificates and registrations issued under sections 1 to 9 of
this 2009 Act.
(2) For the purpose of administering sections 1 to 9 of this
2009 Act, the agency may:
(a) Refuse to issue or renew a certificate or registration to a
batterer intervention program or may suspend or revoke a
certificate or registration for a batterer intervention program.
(b) Provide for any appropriate waivers of requirements
provided by sections 1 to 9 of this 2009 Act and any appropriate
temporary certificates.
(c) In consultation with the Advisory Committee for Batterer
Intervention, create any subcommittees within the committee as
deemed necessary. Persons who are not committee members may be
appointed as nonvoting members to serve on the subcommittees with
the approval of the committee. + }
SECTION 8. { + (1) The Oregon Health Licensing Agency shall
establish by rule and shall collect fees and charges to carry out
the responsibilities of the agency under sections 1 to 9 of this
2009 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 as authorized by ORS 676.625.
(3) 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 9. { + (1) A person may not:
(a) Attempt to obtain a certificate or renewal of a certificate
under sections 1 to 9 of this 2009 Act by bribery or fraudulent
representation; or
(b) Purport to the public to provide a certified batterer
intervention program, a registered batterer intervention program
or a batterer intervention program in development unless the
person possesses a valid certificate or registration issued as
provided by sections 1 to 9 of this 2009 Act.
(2) Nothing in sections 1 to 9 of this 2009 Act is intended to
limit or prevent a person from providing a batterer intervention
program or to restrict a person from providing a batterer
intervention program if the person does not represent to the
public by title that the person provides a certified batterer
intervention program, a registered batterer intervention program
or a batterer intervention program in development.
(3) Each violation of this section is a separate violation. + }
SECTION 10. 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;
(9) Body piercing licensing program, as provided in ORS 690.500
to 690.570; { - and - }
(10) Sex Offender Treatment Board, as provided in ORS 675.360
to 675.410 { - . - } { + ; and
(11) Advisory Committee for Batterer Intervention, as provided
in sections 1 to 9 of this 2009 Act. + }
SECTION 11. 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 675.360 to 675.410, 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 9
of this 2009 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 12. 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 675.385, 680.535,
687.445, 688.734, 688.836, 690.167, 690.407, 690.515, 694.147 and
700.111 { + and section 4 of this 2009 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 13. 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 675.360 to
675.410, 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 9 of this 2009 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 14. 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);
(j) ORS 676.617 (single facility licensure); { - and - }
(k) ORS 675.360 to 675.410 (sex offender treatment) { - . - }
{ + ; and
(L) Sections 1 to 9 of this 2009 Act (batterer intervention
programs). + }
(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.
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