Loading

Oregon Bulletin

January 1, 2011

 

Board of Licensed Professional Counselors and Therapists
Chapter 833

Rule Caption: Rule amendment for impaired professional program, foreign degree review, intern supervision, business name, online degrees.

Adm. Order No.: BLPCT 6-2010

Filed with Sec. of State: 12-13-2010

Certified to be Effective: 1-1-11

Notice Publication Date: 12-1-2010

Rules Adopted: 833-060-0062, 833-130-0080

Rules Amended: 833-020-0081, 833-040-0021, 833-050-0081, 833-060-0012, 833-100-0021, 833-110-0021

Rules Repealed: 833-055-0001, 833-055-0010, 833-055-0020

Subject: • 833-020-0081 – Establishes time limits for passage of the competency exam for licensed professional counselors and licensed marriage and family therapists; establishes consequences for failure to pass the exam within the time limits.

      • 833-040-0021 – Eliminates duplicate language in license requirements for marriage and family therapists.

      • 833-050-0081 – Clarifies intern supervision requirements to reflect that requirements are to be applied each month.

      • 833-055 – Repeals rules related to an Impaired Professional Program.

      • 833-060-0012 —Amends accreditation standards for online graduate programs.

      • 833-060-0062 – Establishes requirements for review of foreign degrees.

      • 833-100-0021 – Adds requirement that business practice name must be name of licensee or reflect the licensee’s organization or location.

      • 833-110-0021 – Eliminates reference to an impaired professionals program.

      • 833-130-0080 – Establishes an appeal process for licensees who have been denied placement on the board’s supervisor registry because of discipline imposed by the board.

Rules Coordinator: Becky Eklund—(503) 378-5499, ext. 3

833-020-0081

Examination

(1) Applicants approved for examination must maintain examination status by sitting for the competency portion of the state examination once per year based on the eligibility date established by the board.

(2) Registered interns may take the competency exam any time during their internships.

(3) Failure to document passage of an acceptable competency examination or failure to register and attempt to pass the competency portion of the state examination at least once per year will result in denial of licensure.

(4) Applicants must pass the competency exam within two years after meeting experience requirements for licensure.

(5) Applicants who fail to pass the competency portion of the state exam after taking the exam three times, must:

(a) Complete graduate level coursework in the content areas failed in the exam;

(b) The graduate level coursework must be completed from:

(A) A program accredited by CACREP, CORE, or COAMFTE; or

(B) A regionally accredited college or university;

(c) Re-apply for licensure.

(6) Applicants are allowed 30 days, from the date the board sends the law and rules exam to the applicant, to complete and return the law and rules portion of the state examination. Failure to complete and return the examination to the Board office will result in closure of the application.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-040-0021

Experience Requirements for Licensure as a Marriage and Family Therapist

(1) To qualify for licensure as a marriage and family therapist under ORS 675.715(4) and 675.720, an applicant must have at least three years of full-time supervised clinical experience that consisted of no less than 2,000 supervised client contact hours of therapy with at least 1,000 of those hours working with couples and families.

(2) Direct client contact hours must have been:

(a) Obtained after receipt of the qualifying graduate degree; and

(b) Face to face with a client or clients including through electronic communication.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-050-0081

Supervision

(1) Supervision of direct client contact must take place within the same calendar month as the completed direct client contact hours.

(2) Supervision meetings must take place at least twice per month, and in different weeks.

(3) Supervision meetings must be no less than one hour, defined as no less than 50 minutes.

(4) Supervision each month must total at least:

(a) Two (2) hours for months in which 45 or fewer hours of direct client contact are completed; or

(b) Three (3) hours for months in which 46 or more hours of direct client contact are completed.

(5) At least 25% of supervision hours each month must be conducted in a professional setting, face to face. Up to 75% of supervision hours may be conducted through electronic communication.

(6) At least 50% of the required number of monthly supervision hours must be individual supervision 1-to-1.

(7) Group supervision must meet the following requirements at each meeting.

(a) Include no more than six (6) supervisees;

(b) Have leadership that does not shift from one supervisor to another; and

(c) Not be a staff or team meeting, intensive training seminar, discussion group, consultation session, or quality assurance or review group.

(8) If in any month an intern does not receive the minimum supervision hours required, no client contact hours would be credited for that month.

(9) Interns must take steps to ensure consistency in supervision throughout the internship. The intern must request approval from the Board to change supervisors more than three times during the internship and provide steps taken to ensure consistency when changing supervisors.

(10) An approved plan for a single practice, such as private practice or employment by one agency offering services at one or more sites, may have no more than two supervisors at any given time.

(11) The supervisor must have the authority to:

(a) Review all case records, billings, appointment books, and client population;

(b) Review and determine appropriateness of individual charts and case records;

(c) Direct the intern to refer clients to other therapists when client needs are outside the intern’s scope of practice; and

(d) Determine appropriate client caseload to be served by the intern.

(12) The supervisor of interns, at the time of supervision must:

(a) Be someone other than a spouse or relative by blood or marriage or a person with whom the application has or had a personal relationship; and

(b) Meet registered intern supervisor qualifications as required in OAR chapter 833, division 130.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 5-2010, f. 6-15-10, cert. ef. 7-1-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-060-0012

Comparable Full Standards

A graduate degree shall be determined by the Board as comparable in content and quality to degrees from CACREP, COAMFTE, or CORE approved programs. Only CACREP accredited online graduate degrees in counseling or marriage and family therapy will be accepted as comparable in content and quality. Degrees must meet the following standards. The degree was from an institution that:

(1) Was a fully accredited member of one of the regional institutional accreditation bodies at the time the degree was granted;

(2) Offered a minimum of a master’s degree;

(3) Was at least two years’ duration and at least:

(a) 48 semester credit hours or 72 quarter hours for graduate degrees granted before October 1, 2014; or

(b) 60 semester credit hours or 90 quarter credit hours for graduate degrees granted on or after October 1, 2014.

(4) Included all coursework requirements set forth in OAR 833-060-0042 or 833-060-0052.

(5) Included a required supervised clinical experience for all students of no less than:

(a) 600 total clock hours to include 240 direct client contact hours, for graduate degrees granted before October 1, 2014; or

(b) 700 total clock hours to include 280 direct client contact hours, for graduate degrees granted on or after October 1, 2014.

(6) Facilitated a practicum and/or internship experience that:

(a) Had supervisory staff with a minimum of a master’s degree in the program emphasis and with pertinent professional experience;

(b) Made provision for faculty monitoring of operations;

(c) Kept records of student-client contact hours including summary of student progress by the supervisor;

(d) Had a written agreement with the program and student specifying learning objectives;

(e) Had a mechanism for program evaluation; and

(f) Maintained adherence to the Oregon Board Code of Ethics OAR 833 division 100.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-060-0062

Foreign Degrees

Applicants with degrees from universities outside the United States must submit a degree equivalency analysis conducted by an organization accepted by the board. The applicant will pay the cost of the analysis.

Stat. Auth.: ORS 675.785 - 675.835 & 676.150 - 676.405

Stats. Implemented: ORS 675.785 - 675.835 & 676.150 - 676.405

Hist.: BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-100-0021

Responsibility

(1) A licensee’s primary professional responsibility is to the client. A licensee makes every reasonable effort to advance the welfare and best interests of all clients for whom the licensee provides professional services. A licensee respects the rights of those persons seeking assistance and makes reasonable efforts to ensure that the licensee’s services are used appropriately.

(2) A licensee recognizes that there are other professional, technical, and administrative resources available to clients. The licensee makes a reasonable effort to provide referrals to those resources when it is in the best interest of clients to be provided with alternative or complementary services or when the client requests a referral.

(3) Licensees do not give or receive commissions, rebates or any other form of remuneration when referring clients for professional services.

(4) A licensee seeks appropriate professional assistance for the licensee’s own personal problems or conflicts that are likely to impair the licensee’s work performance or clinical judgment.

(5) A licensee provides supervision only when the licensee’s professional competence is sufficient to meet the needs of the trainee or intern. A licensee does not permit a trainee or intern under the licensee’s supervision to perform, nor purport to be competent to perform, professional services beyond the trainee’s or intern’s level of training and accepts responsibility for the effects of the actions of the trainee or intern of which they should be aware.

(6) A licensee does not practice under the influence of alcohol or any controlled substance not prescribed by a physician, or if incapacitated by habitual or excessive use of intoxicants, drugs or controlled substances.

(7) A licensee does not practice when adversely influenced by either physical or emotional impairment that would interfere with their ability to provide professional services.

(8) A licensee abides by all applicable statutes and administrative rules regulating the practice of counseling or therapy or any other applicable laws, including, but not limited to, the reporting of abuse of children or vulnerable adults.

(9) A licensee does not condone or engage in discrimination based on age, color, culture, disability, ethnicity, national origin, gender, race, religion, sexual orientation, marital status, or socioeconomic status.

(10) A licensee does not provide services to a client when the licensee’s objectivity or effectiveness is impaired. If a licensee’s objectivity or effectiveness becomes impaired during a professional relationship with a client, the licensee notifies the client that the licensee can no longer serve the client professionally and makes a reasonable effort to assist the client in obtaining other professional services.

(11) A licensee respects the right of a client to make decisions and helps the client understand the consequences of these decisions. A licensee advises a client that all decisions are the responsibility of the client.

(12) A licensee displays in a prominent place, available to clients, a Board issued license.

(13) A licensee practices under his or her name or other name that describes a place or organization with which the licensee practices.

(14) A licensee obtains written informed consent from the client or legal representative of the client for rendering professional services. Informed consent constitutes informing the client as early in the therapeutic relationship as possible of the nature and anticipated course of therapy, services and approaches to be used, potential risks or experimental methods proposed, alternatives for treatment, fees, involvement of third parties, limits of confidentiality, and the client’s right to accept or refuse any and all therapeutic treatment.

(15) A licensee makes available as part of the disclosure statement a bill of rights of clients, including a statement that consumers of counseling or therapy services offered by Oregon licensees have the right:

(a) To expect that a licensee has met the minimum qualifications of training and experience required by state law;

(b) To examine public records maintained by the Board and to have the Board confirm credentials of a licensee;

(c) To obtain a copy of the Code of Ethics;

(d) To report complaints to the Board;

(e) To be informed of the cost of professional services before receiving the services;

(f) To be assured of privacy and confidentiality while receiving services as defined by rule or law, including the following exceptions:

(A) Reporting suspected child abuse;

(B) Reporting imminent danger to the client or others;

(C) Reporting information required in court proceedings or by client’s insurance company or other relevant agencies;

(D) Providing information concerning licensee case consultation or supervision; and

(E) Defending claims brought by the client against licensee;

(g) To be free from being the object of discrimination on any basis listed in subsection (9) of this rule while receiving services.

(16) A licensee terminates a client relationship when it is reasonably clear that the treatment no longer serves the client’s needs or interests. Whenever possible prior to termination, a licensee provides pre-termination counseling and recommendations and alternatives for the client.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-110-0021

Disciplinary Action

(1) The Board will initiate disciplinary actions for failure to meet professional conduct and practice standards, or violation of the licensing law or rules when it determines probable cause of:

(a) Failure to meet the standards requirements for continuation of licensure that are unlikely to harm clients or the public;

(b) Professional misconduct or incompetence capable of causing or resulting in harm to a client or the public; and

(c) Title violation.

(2) Proposed disciplinary actions include, but are not limited to:

(a) Suspension or revocation of licensure;

(b) Refusal to issue or renew a license;

(c) Civil penalty of up to $2,500 per occurrence for violation; and

(d) Reprimand, probation, probation with specific conditions.

(3) Negotiated disciplinary actions include, but are not limited to, letter of reprimand, limited suspension, probation, limited practice, education, enrollment in an impaired professional program, rehabilitation, supervision, therapy, payment of disciplinary costs or civil penalties, or any combination thereof.

(4) Non-disciplinary actions include, but are not limited to, letter of concern or voluntary diversion.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

833-130-0080

Supervisor Registry Appeal Process

(1) LPC and LMFT supervisor applicants denied placement on the registry may appeal the decision if the denial was based on discipline imposed by the Board.

(2) During review of the appeal, the Board will consider

(a) Type of violation and imposed discipline;

(b) The passage of time since the violation and discipline;

(c) Whether discipline was corrective, punitive or both;

(d) Compliance with imposed discipline;

(e) Results of national health care database search;

(f) Whether behavior resulted in harm to clients;

(g) Previous complaints resulting in discipline;

(h) Results of criminal background check; and

(j) Any other information the board finds relevant.

Stat. Auth.: ORS 675.705 - 675.835 & 676.150 - 676.405

Stats. Implemented: ORS 675.705 - 675.835 & 676.150 - 676.405

Hist.: BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​