Chapter 463 Oregon Laws 1999

Session Law

AN ACT

HB 2115

Relating to the Oregon Board of Licensed Professional Counselors and Therapists; creating new provisions; and amending ORS 124.050, 430.735, 675.705, 675.725, 675.745, 675.755 and 675.785.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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.

(2) "Division" means the Health Division of the Department of Human Resources.

(3) "Licensed marriage and family therapist" means a person to whom a license has been issued under ORS 675.715.

(4) "Licensed professional counselor" means a person issued a license under ORS 675.715.

(5) "Licensee" means a licensed professional counselor or a licensed marriage and family therapist.

(6) "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.

(7) "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:

(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) Research activities including reporting, designing, conducting or consulting on research in counseling with human subjects.

(d) Consulting activities which apply counseling procedures and interpersonal skills to provide assistance in solving problems that a client may have in relation to an individual, group or organization.

(e) Record keeping activities, including documentation of counseling treatment or therapeutic services.

(8) "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 2. ORS 675.725 is amended to read:

675.725. (1) A license issued under ORS 675.715 to 675.835 is [a one-year license. Payment of the annual license fee shall be made on or before April 1 of each year. A charge of not more than $50 shall be made if the annual license fee is more than 30 days delinquent] subject to annual renewal.

(2) A licensee [may renew] seeking renewal of a license [by] shall:

(a) [Paying] Pay the license renewal fee [within 30 days after the renewal date] on or before April 1 of each year;

(b) [Providing] Provide proof of fulfillment of any requirements of the Oregon Board of Licensed Professional Counselors and Therapists for continuing education and supervision; [and]

(c) [Submitting] Submit to the board a sworn statement on a form provided by the board certifying that there is no reason for denial of the license renewal; and

(d) Maintain professional disclosure statements as required by the board by rule.

(3) [A licensee whose license expires under the provisions of subsection (1) of this section must qualify for a license in the same manner as a person who has not previously been licensed.] A licensee may renew a license after April 1 but not later than April 30 by paying a late fee of not more than $50 in addition to the required renewal fee. A license that has not been renewed or the license of a licensee who has not met the requirements for renewal by May 1 expires and may not be renewed.

(4) [A licensee who holds a license issued under ORS 675.715 may continue to practice under an expired license for a period of 30 days after expiration without being in violation of ORS 675.715.] A licensee may not continue to practice as a licensed professional counselor or a licensed marriage and family therapist after expiration of the license.

(5) A person whose license has expired may apply to be relicensed as follows:

(a) If the person's previous license has been expired for more than two years, the person must apply and qualify for a new license in the same manner as a person who has never been licensed.

(b) If the person's previous license has been expired for two years or less, the person is not required to meet the degree, experience and examination standards for a person who has never been licensed, but must meet all other requirements for relicensure as the board may establish by rule. An application for relicensure under this subsection must be submitted in the manner required by the board and must be accompanied by the payment of the application fee and one annual renewal fee.

SECTION 3. 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 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;

(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; [or]

(f) Has practiced outside the scope of activities, including administering, constructing or interpreting tests, 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 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.

[(2)] (3) The board may initiate action against persons violating [this section or ORS 675.755, 675.765 or 675.825] any provision of ORS 675.715 to 675.835 or any rules adopted by the board.

(4) Pursuant to ORS 183.090, the board may impose a civil penalty of not more than $1,000 for each violation of subsection (1) or (2) of this section.

[(3)] (5) 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.

SECTION 4. ORS 675.755 is amended to read:

675.755. (1) Except as provided in subsection (6) of this section, prior to the performance of professional counseling or marriage and family therapy, the licensee must furnish the client with a copy of a professional disclosure statement. If the licensee fails to provide the statement, the licensee shall not charge a client a fee for services.

(2) A professional disclosure statement shall include the following information regarding the applicant or licensee:

(a) Name, business address and telephone number;

(b) Philosophy and approach to counseling or marriage and family therapy;

(d) Continuing education and supervision requirements; and

(e) Fee schedules.

(3) The statement must include the name, address and telephone number of the Oregon Board of Licensed Professional Counselors and Therapists.

(4) An applicant shall submit a professional disclosure statement for board approval upon application for a license.

(5) Whenever an applicant or licensee makes a change in the professional disclosure statement, the new statement shall be presented to the board for approval.

(6) The board may adopt by rule exemptions from the requirements of this section.

SECTION 5. ORS 675.785 is amended to read:

675.785. The Oregon Board of Licensed Professional Counselors and Therapists has the following powers:

(1) In accordance with the applicable provisions of ORS 183.310 to 183.550, the board shall adopt rules necessary for the administration of the laws the board is charged with administering.

(2) Subject to any applicable provisions of the State Personnel Relations Law, the board may appoint, prescribe the duties and fix the compensation of an administrator and other employees of the board necessary to carry out the duties of the board.

(3) The board shall collect from each applicant fees set by the board by rule. The board may charge nonrefundable fees for the following but shall not exceed the described maximum:

(a) The fee for license application shall not exceed $100.

(b) The fee for first issuance of a license shall not exceed $100.

(d) A late filing fee for a license renewal shall not exceed $50.

(e) A renewal fee for registration as an intern shall not exceed $60.

(f) Fees for examinations which shall not exceed the costs incurred in administering the particular examination. Fees established under this subsection are subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(4) The board shall:

(a) Maintain a register of all current licensed professional counselors and marriage and family therapists.

(b) Annually publish a directory listing all current licensed professional counselors and marriage and family therapists. The directory shall be available to the public, for which the board may collect a publication fee.

(5) The board shall:

(a) Investigate alleged violations of the provisions of ORS 675.715 to 675.835 or rules adopted under authority of the board.

(b) Establish procedures to review the complaints of clients of licensees of the board. Upon receipt of a complaint under ORS 675.715 to 675.835 against any licensed or unlicensed person, the board shall conduct an investigation as described under ORS 676.165.

(6) The board shall report to the Legislative Assembly concerning the activities of the board during the preceding biennium.

(7) The board shall form standards committees to establish, examine and pass on the qualifications of applicants to practice professional counseling or marriage and family therapy in this state. The standards committee for professional counselors shall be made up of the professional counselors on the board, the faculty member and the public member. The standards committee for marriage and family therapists shall be made up of the marriage and family members of the board, the faculty member and the public member.

(8) The board shall grant licenses to applicants who qualify to practice professional counseling or marriage and family therapy in this state upon compliance with ORS 675.715 to 675.835 and the rules of the board.

(9) The board may administer oaths, take depositions, defray legal expenses and issue subpoenas to compel the attendance of witnesses and the production of documents or written information necessary to carry out ORS 675.715 to 675.835.

(10) The board may adopt a seal to be affixed to all licenses.

(11) The board shall adopt a code of ethics for licensees. The board may use the ethical codes of professional counseling and marriage and family therapy associations as models for the code established by the board.

(12) The board may set academic and training standards necessary under ORS 675.715 to 675.835, including, but not limited to, the adoption of rules to establish semester hour equivalents for qualification for licensing where quarter hours are required under ORS 675.715 to 675.835.

(13) The board shall require the applicant for a professional counselor license or a marriage and family therapy license to receive a passing score on an examination of competency in counseling or marriage and family therapy. The examination may be the examination given nationally to certify counselors, or in the case of marriage and family therapy, the examination approved by the Association of Marital and Family Therapy Regulatory Boards.

(14) The standards committee shall establish standards and requirements for continuing education and supervision, as appropriate. The standards and requirements shall be in effect July 1, 1992.

(15) The board shall establish a program for impaired professionals to assist licensed professional counselors and licensed marriage and family therapists to regain or retain their licensure and impose the requirement of participation as a condition to reissuance or retention of the license.

SECTION 6. ORS 124.050 is amended to read:

124.050. As used in ORS 124.050 to 124.095:

(1) "Abuse" means one or more of the following:

(a) Any physical injury caused by other than accidental means, or which appears to be at variance with the explanation given of the injury.

(b) Neglect which leads to physical harm through withholding of services necessary to maintain health and well-being.

(c) Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.

(d) Willful infliction of physical pain or injury.

(2) "Division" means the Senior and Disabled Services Division of the Department of Human Resources.

(3) "Elderly person" means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

(4) "Law enforcement agency" means:

(a) Any city or municipal police department.

(b) Any county sheriff's office.

(d) Any district attorney.

(5) "Public or private official" means:

(a) Physician, naturopathic physician, osteopathic physician, chiropractor or podiatric physician and surgeon, including any intern or resident.

(b) Licensed practical nurse, registered nurse, nurse's aide, home health aide or employee of an in-home health service.

(c) Employee of the Department of Human Resources, county health department or community mental health and developmental disabilities program.

(d) Peace officer.

(e) Clergyman.

(f) Licensed clinical social worker.

(g) Physical, speech or occupational therapists.

(h) Senior center employee.

(i) Information and referral or outreach worker.

(j) Licensed professional counselor or licensed marriage and family therapist.

[(j)] (k) Any public official who comes in contact with elderly persons in the performance of the official's official duties.

SECTION 7. ORS 430.735 is amended to read:

430.735. As used in ORS 430.735 to 430.765:

(1) "Abuse" means one or more of the following:

(a) Any death caused by other than accidental or natural means.

(b) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(d) Sexual harassment or exploitation, including but not limited to any sexual contact between an employee of a facility or community program and an adult.

(2) "Adult" means a person who is mentally ill or developmentally disabled, who is 18 years of age or older and receives services from a community program or facility.

(3) "Adult protective services" means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard an adult's person, property and funds. Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(4) "Care provider" means an individual or facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(5) "Community program" means a community mental health and developmental disabilities program as established in ORS 430.610 to 430.695.

(6) "Division" means the Mental Health and Developmental Disability Services Division of the Department of Human Resources.

(7) "Facility" means a residential treatment home or facility, residential care facility, adult foster care home, residential training home or facility or crisis respite facility.

(8) "Law enforcement agency" means:

(a) Any city or municipal police department;

(b) Any county sheriff's office;

(d) Any district attorney.

(9) "Public or private official" means:

(a) Physician, naturopathic physician, osteopathic physician, psychologist, chiropractor or podiatric physician and surgeon, including any intern or resident;

(b) Licensed practical nurse, registered nurse, nurse's aide, home health aide or employee of an in-home health service;

(c) Employee of the Department of Human Resources, county health department, community mental health and developmental disabilities program or private agency contracting with a public body to provide any community mental health service;

(d) Peace officer;

(e) Member of the clergy;

(f) Licensed clinical social worker;

(g) Physical, speech or occupational therapist;

(h) Information and referral, outreach or crisis worker;

(i) Attorney; [or]

(j) Licensed professional counselor or licensed marriage and family therapist; or

[(j)] (k) Any public official who comes in contact with adults in the performance of the official's duties.

SECTION 8. The amendments to ORS 675.745 by section 3 of this 1999 Act apply to violations occurring on or after the effective date of this 1999 Act.

Approved by the Governor July 6, 1999

Filed in the office of Secretary of State July 6, 1999

Effective date October 23, 1999

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