Oregon Bulletin
July 1, 2011
Rule
Caption: Agency certification of employees
to provide mental health services to offenders in OYA facilities.
Adm.
Order No.: OYA 1-2011(Temp)
Filed with Sec. of
State: 6-14-2011
Certified to be
Effective: 6-14-11 thru 12-1-11
Notice Publication
Date:
Rules Adopted: 416-070-0010, 416-070-0020, 416-070-0030, 416-070-0040,
416-070-0050, 416-070-0060
Subject: These rules establish the Oregon Youth authority’s
(OYA) standards for certifying OYA mental health treatment employees as
Treatment Services Supervisors or Qualified Mental Health Professional (QMHP).
Mental health treatment employees must be certified under these rules to
provide mental health services to offenders in OYA facilities. Adopting
temporary rules allows OYA to comply with SB 423 (2011), pending rules hearing
and permanent adoption.
Rules Coordinator: Winifred Skinner—(503) 373-7570
416-070-0010
Definitions
(1) Behavioral and Treatment Services Director: A
person who leads and directs OYA clinical direction and behavioral treatment
services statewide and reports to the OYA Director.
(2) Clinical Supervision: Oversight by a qualified
person of mental health services and supports provided according to this rule,
including ongoing evaluation and improvement of the effectiveness of those
services and supports.
(3) Diagnosis: A diagnosis consistent with the most
current Diagnostic and Statistical Manual of Mental Disorders (DSM).
(4) Mental Health Assessment: The written assessment by
a QMHP of an offender’s mental status and emotional, cognitive, family,
developmental, behavioral, social, recreational, physical, nutritional, school
or vocational, substance abuse, cultural and legal functioning, concluding with
a completed DSM five-axes diagnosis, clinical formulation, prognosis for
treatment, treatment recommendations and plan.
(5) Mental Status Examination: An overall standardized
assessment of an offender’s mental functioning and cognitive abilities.
(6) OYA: Oregon Youth Authority
(7) Qualified Mental Health Professional (QMHP): A
person who provides mental health treatment services to offenders in OYA
facilities.
(8) Treatment Services Supervisor: A person who
provides supervision of the mental health treatment services and supports
provided by a QMHP at an OYA facility.
Stat. Auth.: ORS 420A.010,
420A.025 & SB 423 (2011)
Stat. Implemented: SB 423 (2011)
Hist.: OYA 1-2011(Temp), f. &
cert. ef. 6-14-11 thru 12-1-11
416-070-0020
Credentialing and Certification
Process
(1) The Behavioral and Treatment Services Director is
responsible for credentialing employees hired as OYA Treatment Services
Supervisors and QMHPs.
(2) Treatment Services Supervisors and QMHPs must meet
the requirements established in OAR 416-070-0030 as a Treatment Services
Supervisor or QMHP.
(3) The Behavioral and Treatment Services Director is
responsible for reviewing education, experience and competencies to determine
if the individual can be certified as meeting the professional standards of a
Treatment Services Supervisor or QMHP as set forth in these rules.
(4) A copy of transcripts, academic degrees, licenses,
certifications, and verification forms used to record the credentialing and
certification information must be retained in the Treatment Services Supervisor’s
or QMHP’s personnel file.
(5) A position description must be provided to the
employee describing the duties that a Treatment Services Supervisor or QMHP are
certified to provide.
Stat. Auth.: ORS 420A.010,
420A.025 & SB 423 (2011)
Stat. Implemented: SB 423 (2011)
Hist.: OYA 1-2011(Temp), f. &
cert. ef. 6-14-11 thru 12-1-11
416-070-0030
Qualified Mental Health
Professional (QMHP) and Treatment Services Supervisor Standards
(1) A person must meet the following minimum
qualifications to be certified to work as a QMHP in an OYA facility:
(a) The person is a licensed medical practitioner, or
the person meets the following minimum qualifications:
(A) Holds any of the following educational degrees:
(B) Graduate degree in psychology; or
(C) Bachelor’s degree in nursing and licensed by the
State of Oregon; or
(D) Graduate degree in social work; or
(E) Graduate degree in a behavioral science field; or
(F) Graduate degree in recreational, music, or art
therapy; or
(G) Bachelor’s degree in occupational therapy and
licensed by the State of Oregon; and
(b) Whose education and experience demonstrate the
competency to identify precipitating events; gather histories of mental and
physical disabilities, alcohol and drug use, past mental health services and
criminal justice contacts; assess family, social and work relationships;
conduct a Mental Status Examination; document a multiaxial DSM Diagnosis; write
and supervise a treatment plan; draft a Mental Health Assessment and provide
individual, family and/or group therapy within the scope of their training.
(2) A person must meet the following minimum
qualifications to be certified to work as a Treatment Services Supervisor in an
OYA facility:
(a) A graduate degree in psychology, social work,
counseling, or other behavioral science; and
(b) The QMHP qualifications listed in section (1) of
this rule.
Stat. Auth.: ORS 420A.010,
420A.025 & SB 423 (2011)
Stat. Implemented: SB 423 (2011)
Hist.: OYA 1-2011(Temp), f. &
cert. ef. 6-14-11 thru 12-1-11
416-070-0040
Clinical Supervision of QMHP
Employees
(1) A QMHP must deliver services under the direct
supervision of:
(a) a Treatment Services Supervisor; or
(b) a person designated by the Behavioral and Treatment
Services Director to provide clinical supervision.
(2) The Treatment Services Supervisor or person
designated by the Behavioral and Treatment Services Director to provide
clinical supervision must operate within the scope of his or her practice or
licensure, and demonstrate the competency to oversee and evaluate the mental
health treatment services and supports provided by a QMHP.
(3) Clinical supervision must be provided at least
monthly for each QMHP supervised.
(4) The effectiveness of a QMHP’s mental health
services will be evaluated by overseeing the QMHP’s service documentation, case
planning, ethical practice, and assessment skills.
Stat. Auth.: ORS 420A.010,
420A.025 & SB 423 (2011)
Stat. Implemented: SB 423 (2011)
Hist.: OYA 1-2011(Temp), f. &
cert. ef. 6-14-11 thru 12-1-11
416-070-0050
QMPH Recertification
(1) A QMHP certification issued under these rules is
subject to renewal every two years.
(a) All QMHP certifications will expire on September
30. The issuance date of the certified person’s first certification will
determine if the certification expires on an odd or even year. Certifications
issued in odd-numbered years expire in the next odd-numbered year, and
certifications issued in even-numbered years expire in the next even-numbered
year.
(b) The Behavioral and Treatment Services Director will
send a reminder notice to the certified person at least 30 days prior to
certification expiration.
(c) A person seeking renewal of a certification must
submit the following to the Behavioral and Treatment Services Director:
(A) Verification of current certification in CPR and
First aid by a recognized training agency;
(B) A copy of the person’s current annual performance
appraisal reflecting performance in mental health services; and
(C) Documentation of Continuing Education Credits (CEC)
verifying at least 50 credit hours in the immediate preceding two years. The
CEC must include the following:
(i) At least 24 hours of clinical supervision per year;
(ii)At least five hours of training pertinent to the
mental health services in an OYA facility which may include OYA training,
supervisor-approved completed readings, verified workshop attendance, or class
participation in a graduate program focusing on mental health treatment of
mental health disorders.
(2) If the person’s previous certification has expired,
the person must apply for recertification by submitting the documents listed in
subsection (c) of this rule to the Behavioral and Treatment Services Director.
The person may not provide mental health services until the person is
recertified.
Stat. Auth.: ORS 420A.010,
420A.025 & SB 423 (2011)
Stat. Implemented: SB 423 (2011)
Hist.: OYA 1-2011(Temp), f. &
cert. ef. 6-14-11 thru 12-1-11
416-070-0060
Variances
(1) The Behavioral and Treatment Services Director may
grant a variance to the criteria used to determine the certification status of
a QMHP or Treatment Services Supervisor if the Behavioral and Treatment
Services Director is able to document the reason for the variance and the
proposed timeline for the variance.
(2) Signed documentation from the Behavioral and
Treatment Services Director indicating support of the variance must be retained
in the subject QMHP or Treatment Services Supervisor employee’s personnel file.
Stat. Auth.: ORS 420A.010,
420A.025 & SB 423 (2011)
Stat. Implemented: SB 423 (2011)
Hist.: OYA 1-2011(Temp), f. &
cert. ef. 6-14-11 thru 12-1-11
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.
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