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Oregon Bulletin

July 1, 2011

 

Oregon Youth Authority
Chapter 416

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.

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

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