68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 918
Sponsored by Senator KENNEMER (at the request of Oregon
Psychological Association)
CHAPTER ................
AN ACT
Relating to psychology; creating new provisions; and amending ORS
675.010, 675.020 and 675.090.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 675.010 is amended
to read:
675.010. As used in ORS 675.010 to 675.150, unless the context
requires otherwise:
(1) 'Approved doctoral program in psychology' means a doctoral
program in psychology accredited by the American Psychological
Association or a doctoral program in psychology accredited
individually or as part of an institutional accreditation by
another private or governmental accrediting agency, when the
association's or agency's standards and procedures have been
approved by the board by rule.
(2) 'Board' means the State Board of Psychologist Examiners.
(3) 'Licensed psychologist' means a person licensed to practice
psychology under the provisions of ORS 675.010 to 675.150.
{ - (4) 'Practice of psychology' means the rendering or
offering to render to individuals, groups, organizations or the
public any psychological service while representing oneself to be
a psychologist, involving the application of principles, methods
and procedures of understanding, predicting and influencing
behavior, such as principles pertaining to learning, perception,
motivation, thinking, emotions and interpersonal relationship;
and the methods and procedures of interviewing, counseling,
psychotherapy and hypnosis; of constructing, administering and
interpreting tests of mental abilities, aptitudes, interests,
attitudes, personality characteristics, emotions and motivation.
The application of such principles and methods includes, but is
not limited to, the diagnosis, prevention, treatment and
amelioration of psychological problems and emotional and mental
disorders of individuals and groups. Also, the offering for a fee
of teaching, consultation, psychotherapy, psychodiagnostic and
research services in relation to the use or development of
psychological principles of such services. - }
{ + (4) 'Practice of psychology' means rendering or offering
to render supervision, consultation, evaluation or therapy
services to individuals, groups or organizations for the purpose
of diagnosing and treating behavioral, emotional or mental
disorders. + }
(5) 'State' means any state or territory of the United States
and the District of Columbia.
**************************** SECTION 2. ORS 675.020 is amended
to read:
675.020. (1) To safeguard the people of the State of Oregon
from the dangers of unqualified and improper practice of
psychology, no person shall, unless exempted from the provisions
of ORS 675.010 to 675.150 by ORS 675.090 { + : + } { - , - }
{ + (a) + } Practice psychology { - or purport to be a
psychologist - } in this state without first being licensed { +
under ORS 675.010 to 675.150; or
(b) Represent oneself to be a psychologist without first being
licensed under ORS 675.010 to 675.150 + }.
{ - (2) A person purports to be a psychologist when the
person uses any title or any description of services which
incorporates one or more of the following terms: 'psychology, ' '
psychological,' 'psychologist,' or any term of like import, '
psychometry,' 'psychometrics,' 'psychometrist, ' '
psychotherapy,' 'psychotherapist,' 'psychoanalysis, ' '
psychoanalyst,' or variants thereof or when the person purports
to be trained, experienced or an expert in the field of
psychology. - }
{ + (2) As used in subsection (1)(b) of this section,
'represent oneself to be a psychologist' means to use any title
or description of services incorporating the words 'psychology, '
' psychological,' 'psychotherapy' or 'psychologist,' or to offer
or render to individuals or to groups of individuals services
included in the practice of psychology. + }
(3) A psychologist licensed under ORS 675.010 to 675.150 shall
practice under the name of the psychologist only, but nothing in
ORS 675.010 to 675.150 or rules adopted thereunder shall be
deemed to prevent a licensed psychologist from using an assumed
business name or other designation to describe a place,
institution, organization or agency where or in connection with
which the psychologist conducts practice.
**************************** SECTION 3. ORS 675.090 is amended
to read:
675.090. { + (1) + } ORS 675.010 to 675.150 does not apply to:
{ - (1) Any person teaching, lecturing or engaging in
research in psychology but only insofar as such activities are
performed as part of an academic position in a college or
university. - }
{ - (2) Any person who has received a doctoral degree in
sociology or social psychology from an accredited college or
university and uses the title 'social psychologist' provided that
such person files a statement of use of that title with the board
and complies with subsection (9) of this section. - }
{ - (3) Any person who holds a valid school psychologist
credential from the Teacher Standards and Practices Commission
but only when such person is practicing psychology in the course
of employment and complies with subsection (9) of this
section. - }
{ - (4) Any person licensed to practice one or more of the
other healing arts or licensed to provide any mental health
service in the State of Oregon so long as the person does not
apply either of the specific terms of 'psychologist' or
'psychometrist' to that person's practice. - }
{ - (5) Psychological activities and services by a person
employed by a local, state or federal governmental agency insofar
as such activities and services are a part of the employment of
the person and are performed within the confines of the employing
agency provided that the person complies with subsection (9) of
this section. - }
Enrolled Senate Bill 918 Page 2
{ - (6) Any person who is a student of psychology,
psychological intern, or resident in psychology preparing for the
profession of psychology under supervision in a training
institution or facility recognized by the State Board of
Psychologist Examiners and providing that no fee is paid directly
to the student, intern or resident and that the person is
designated by the title ' psychological intern,' 'psychological
trainee,' 'psychology student,' or some other title which clearly
indicates training status. - }
{ - (7) Any person engaged in psychological activities and
employed by an Oregon nonprofit corporation whose primary purpose
or function involves education or scientific research and which
holds a valid exemption from federal income taxes under section
501 (c) (3) of the Internal Revenue Code of 1954. - }
{ - (8) Qualified members of other legally recognized
professions such as lawyers, dentists, optometrists, social
workers, nurses or clergymen when engaging in psychological
activities or services incidental to their profession who comply
with subsection (9) of this section. - }
{ - (9) Persons described in subsections (2), (3), (5) and
(8) of this section shall not represent or hold themselves out to
the public outside their professional work setting by any title
or description of activities used in ORS 675.020 (2) nor shall
they hold themselves out to be trained, experienced or expert in
psychology. - }
{ + (a) A person who teaches psychology, conducts
psychological research or provides consulting services to an
organization or institution provided that the teaching, research
or consulting services do not involve the delivery or supervision
of direct psychological services to individuals who are
themselves, rather than a third party, the beneficiaries of the
services, regardless of the source or extent of payment for the
services rendered. Nothing in ORS 675.010 to 675.150 shall
prevent the provision of expert testimony by psychologists who
are otherwise exempted by this subsection. A person performing
the functions authorized by this paragraph may use the title
'psychologist' only if the person holds a doctoral degree in
psychology from an approved doctoral program in psychology.
(b)(A) A person who is either:
(i) A matriculated graduate student pursuing a graduate degree
in professional psychology at an approved doctoral program in
psychology;
(ii) A student pursuing postdoctoral training or experience in
professional psychology, including a person seeking to fulfill
the licensure requirements established in ORS 675.010 to 675.150;
or
(iii) A person pursuing certification or licensure or a
graduate degree in any of the certified or licensed professions
otherwise exempted from ORS 675.010 to 675.150.
(B) A person described in subparagraph (A) of this paragraph
may use the title 'psychological trainee,' 'psychological
intern,' 'psychologist resident' or 'psychologist associate
resident' if the person is pursuing the education or training
described in subparagraph (A) of this paragraph under the
supervision and responsibility of a licensed psychologist in
accordance with the rules adopted by the State Board of
Psychologist Examiners.
(c) A person who is licensed or certified by the State of
Oregon to provide mental health services, provided that the
services are rendered within the person's lawful scope of
Enrolled Senate Bill 918 Page 3
practice and that the person does not use the title
'psychologist' in connection with the activities authorized in
this paragraph.
(d) A person who is licensed, certified or otherwise authorized
by the State of Oregon to render professional services, provided
that the services are rendered within the person's lawful scope
of practice and that the person does not use the title '
psychologist' in connection with the activities authorized under
this paragraph.
(e) A person who is employed by a local, state or federal
government agency, or employed by a community mental health
program or drug and alcohol treatment program licensed or
certified by the State of Oregon to the extent that the person's
activities and services are rendered within the person's scope of
employment and are performed within the confines of the employing
agency and provided that the person does not use the title '
psychologist' in connection with the activities authorized under
this paragraph.
(f) A person who is a recognized member of the clergy, provided
that the person is acting in the person's ministerial capacity
and does not use the title 'psychologist. '
(g) A person who has credentials as a school psychologist if
the person is an employee of an educational institution and
restricts the person's practice to activities within a school
setting. A person acting under this paragraph may use the title '
school psychologist. '
(2) Nothing in this section shall exempt from ORS 675.010 to
675.150 a person whose license to practice psychology is revoked
or suspended because the person engaged in sexual activity with a
client. + }
**************************** SECTION 4. { + Notwithstanding
ORS 675.990 (1), violation of ORS 675.020 is a Class A
misdemeanor. + }
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Passed by Senate April 28, 1995
Repassed by Senate May 29, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 17, 1995
Repassed by House May 30, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 918 Page 4
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 918 Page 5