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Oregon Bulletin

October 1, 2012

Board of Licensed Professional Counselors and Therapists, Chapter 833

Rule Caption: Miscellaneous changes.

Adm. Order No.: BLPCT 2-2012

Filed with Sec. of State: 9-5-2012

Certified to be Effective: 10-1-12

Notice Publication Date: 6-1-2012

Rules Adopted: 833-020-0401

Rules Amended: 833-020-0201, 833-050-0031, 833-060-0012, 833-080-0011, 833-100-0041

Subject: Adds licensee telephone number to professional disclosure statement requirement.

 Adds a statement to professional disclosure statement about where to find more licensee and intern information.

 Adds statement to professional disclosure statement that interns will abide by the Board’s Code of Ethics.

 Removes format requirement for professional disclosure statement.

 Corrects misspelled word.

 Removes CACREP accreditation requirement for online and low residency programs.

 Removes requirement that graduate program students abide by the board’s Code of Ethics.

 Adds missing word in continuing education rules.

 Adds supervisee relationship to Integrity section of Code of Ethics.

 Adds requirement to retain client records for at least 7 years.

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

833-020-0201

Licensee Professional Disclosure Statement

(1) To be approved by the Board, the professional disclosure statement shall include the information set forth in and required by ORS 675.755 and:

(a) The name, address and telephone number of the;

(b) Philosophy and approach to counseling or marriage and family therapy, including reference to any codes of standards or ethics to which the licensee subscribes;

(c) A statement indicating adherence to the Oregon Licensing Board’s Code of Ethics set forth in OAR chapter 833, division 100;

(d) The bill of rights of clients listed in OAR 833, division 100, Code of Ethics;

(e) Formal education and training, title of highest relevant degree earned, school granting degree, and major coursework;

(f) Oregon licensure requirements for continuing education as well as any significant post-degree work relating to professional practice;

(g) The standard fee for service, including discounted rates or sliding scale and a statement that no fees will be charged and no additional fee will be added to another set fee such as a hospital room daily charge; and

(h) A statement indicating the following: “Additional information about this counselor or therapist is available on the Board’s website: www.oregon.gov/oblpct.”

(2) The Professional Disclosure Statement must also include the Board’s:

(a) Name;

(b) Address;

(c) Telephone number

(3) Licensees must provide each client with a professional disclosure statement consistent with the content and in a format as specified in OAR 833-020-0201(1) and (2).

(4) Licensees must make a reasonable effort to assist the client to understand the information presented in the disclosure statement as required by the Code of Ethics.

(5) Exemptions to the professional disclosure statement requirements set forth in ORS 675.755 include:

(a) Applicants for licensure not practicing professional counseling or marriage and family therapy in Oregon, except those seeking registration as an intern;

(b) Licensees not practicing professional counseling or marriage and family therapy in Oregon;

(c) Licensees providing crisis response; and

(d) Licensees who have submitted a written request and can satisfy the Board that there is good cause to be exempt from specific requirements and have received written exemption from the Board.

(6) Prior to providing services, the licensee must furnish each client with a copy of a professional disclosure statement. If the licensee fails to provide the statement, the licensee may not charge the client a fee for services.

(7) Whenever a licensee changes a professional disclosure statement, the new statement must be presented to the Board for approval.

Stat. Auth.: ORS 675.785
Stats. Implemented: ORS 675.755 & 675.785
Hist.: BLPCT 2-2010(Temp), f. 1-8-10, cert. ef. 1-11-10 thru 7-9-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 2-2012, f. 9-5-12, cert. ef. 10-1-12

833-020-0401

Client Records Retention

A licensee must retain client records for at least seven years from the date of the last session with the client.

Stat. Auth.: ORS 675.705 - 675.835
Stats. Implemented: ORS 675.705 - 675.835
Hist.: BLPCT 2-2012, f. 9-5-12, cert. ef. 10-1-12

833-050-0031

Registered Intern Professional Disclosure Statement

(1) Registered interns must furnish clients with a copy of a Board-approved professional disclosure statement before providing counseling or therapy.

(2) A professional disclosure statement must include the following information about the intern:

(a) Name, business address and telephone number;

(b) Name of the intern’s supervisor(s);

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

(d) Formal education and training, title of highest relevant degree, the school that granted the degree, and major coursework;

(e) Supervision requirements;

(f) A statement indicating adherence to the Oregon Licensing Board’s Code of Ethics set forth in OAR Chapter 833, Division 100;

(g) Fee schedules;

(h) The bill of rights of clients listed in OAR 833-100-0021 the Code of Ethics;

(i) The name, address, telephone number, and email address of the Oregon Board of Licensed Professional Counselors and Therapists; and

(j) A statement indicating the following: “Additional information about this registered intern is available on the Board’s website: www.oregon.gov/oblpct.”

(3) The Professional Disclosure statement must be accessible to people with disabilities.

(4) Registered interns will assist their clients to understand the information in the professional disclosure statement.

(5) Whenever an intern changes the professional disclosure statement, the new statement must be provided to the board for approval.

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 2-2012, f. 9-5-12, cert. ef. 10-1-12

833-060-0012

Comparable Full Standards

The Board shall determine which graduate degrees are comparable in content and quality to degrees from CACREP, COAMFTE, or CORE approved programs and consistent with the Board’s Code of Ethics. 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; or

(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; and

(e) Had a mechanism for program evaluation.

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; BLPCT 2-2012, f. 9-5-12, cert. ef. 10-1-12

833-080-0011

Continuing Education

Licensees must complete approved continuing education and report the hours to the Board on even numbered years as a condition of license renewal.

(1) Licensees who receive their initial license less than 12 months before the continuing education reporting date will not be required to report continuing education.

(2) Licensees who receive their initial licenses between 12 and 23 months before the continuing education reporting date must report 20 hours of continuing education.

(3) Licensees who receive their initial licenses 24 or more months before the continuing education reporting date must report 40 hours of continuing education.

(4) A “clock hour” for continuing education means one hour spent in a program meeting the requirements for continuing education. Clock hours exclude refreshment breaks, receptions and other social gatherings, and meals that do not include an approved program.

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 2-2012, f. 9-5-12, cert. ef. 10-1-12

833-100-0041

Integrity

(1) A licensee acts in accordance with the highest standards of professional integrity and competence. A licensee is honest in dealing with clients, students, trainees, colleagues, related third parties, and the public.

(2) Licensees are aware of their influential positions with respect to their students, employees, supervisees, and clients; they avoid exploiting the trust and dependency of such persons. Licensees make every effort to avoid conditions and multiple relationships with clients, clients’ relatives, and supervisees that could impair professional judgment or increase the risk of exploitation. Such relationships include, but are not limited to, business, personal, or sexual relationships with clients, clients’ relatives, students, employees, or supervisees.

(3) A licensee does not enter into an employer, supervisor, or other relationship where there is potential for exercising undue influence on any client or supervisee. This includes the sale of services or goods that will exploit the client for financial gain or personal gratification of the licensee or a third party.

(4) A licensee shall not engage in or solicit sexual acts or a sexual relationship with a client or supervisee.

(5) A licensee does not engage in or solicit sexual acts or a sexual relationship with a client or with individuals the licensee knows to be immediate relatives, guardians, supervisees, or significant others of current clients, or with a former client within three years since the rendering of professional services.

(6) A licensee does not engage in or solicit sexual acts or a sexual relationship with a former client or supervisee after three years from the termination of services if such act or solicitation could exploit the client or supervisee. Exploitation may be indicated by such factors as the time elapsed between the termination of the professional relationship and the beginning of the sexual relationship, nature and duration of therapy, circumstances of termination of professional relationship, client personal history, client’s current mental status, likelihood of adverse impact on client, any statements or actions made by the licensee during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship, and whether the licensee attempted to protect the client by referral or consultation. Licensees do not accept as clients those with whom they have engaged in sexual intimacies.

(7) A licensee does not enter into an employment, business, supervisory, or personal relationship, or one that involves the exchange of goods and services, with a former client or supervisee if exploitation can be demonstrated by review of such factors as amount of time that has passed, nature and duration of therapy, circumstances of termination of professional relationship, client’s personal history, client’s current mental status, likelihood of adverse impact on client, and whether client encouraged a post-treatment relationship during the professional relationship.

(8) A licensee does not allow an individual or agency that is paying for the professional services of a client to exert undue influence over the licensee’s evaluation or treatment of the client. Regardless of the source of payment, the licensee’s first obligation is to the client.

(9) A licensee does not engage in sexual or other harassment of a client, former client, or supervisee. A licensee does not engage in any form of communication or physical behavior that is sexually suggestive, seductive, or demeaning to the client or former client.

(10) A licensee does not use the counseling relationship to further personal, religious, political, sexual, or financial interests.

(11) A licensee informs a client of a divergence of interests, values, attitudes, or biases between a client and the licensee that is sufficient to impair their professional relationship. Either the client or the licensee may terminate the relationship.

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 2-2012, f. 9-5-12, cert. ef. 10-1-12

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, 2011.

2.) Copyright 2012 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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