Oregon Bulletin
January 1, 2011
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Rules Repealed: 833-055-0001, 833-055-0010, 833-055-0020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 |