Oregon Bulletin

December 1, 2012

Board of Psychologist Examiners, Chapter 858

Rule Caption: Notice and Investigation Process; Investigator’s Report to the Board.

Adm. Order No.: BPE 4-2012(Temp)

Filed with Sec. of State: 10-18-2012

Certified to be Effective: 10-18-12 thru 4-16-13

Notice Publication Date:

Rules Amended: 858-020-0055

Rules Suspended: 858-020-0045

Subject: Temporarily suspends OAR 858-020-0045 and 858-020-0055(2).

Rules Coordinator: LaReé Felton—(503) 373-1196


Notice and Investigation Process

(1) Notice to Respondent. The Board’s Administrator shall notify the respondent by letter when a complaint is filed, or an investigation has been initiated, into respondent’s conduct or practice. The notice letter shall provide respondent with a citation to the laws and regulations that apply to the investigation. The notice letter shall also set out the general allegations to be investigated. The investigator may modify the scope of the investigation as needed. The Board Administrator may delegate this notification procedure to the Board’s investigator.

(2) Notice to Supervisors. When a complaint is filed against an individual acting under the supervision of a licensed psychologist, the supervising psychologist(s) shall be notified that any investigation into the conduct of the supervisee may affect the licensure of the supervisor(s). The Board may open a companion investigation naming the supervisor(s).

(3) Purpose of Investigation. The purpose of the investigation shall be to determine whether sufficient credible evidence exists of violation of rules or laws administered by the Board to justify issuance of a Notice of Intent to Impose sanctions against a person licensed by the Board or such other action as the circumstances may warrant.

(4) Scope of Investigation. The investigator shall seek guidance as appropriate and necessary from individual Board members, the full Board, agency legal counsel, and the Board’s administrator. Should the Board decide to operate with a Consumer Protection Committee structure, that committee shall serve as the primary source of guidance for the investigator.

(5) Cooperation. Failure by Respondent to cooperate with a board investigation constitutes unprofessional conduct per ORS 675.070(2). Cooperation by respondent includes:

(a) Submitting client records to the Board’s investigator, with or without a signed release by the client, for a full investigation of the allegations presented in the notice letter;

(b) Sending a complete case file to the Board’s investigator;

(c) Being available for a personal interview with the Board’s investigator; and

(d) Responding to questions presented by the Board’s investigator.

(6) Duty of the Investigator. The investigator shall collect evidence, interview witnesses and make a written report to the Board.

Stat. Auth.: ORS 675.020 & 675.110
Stats. Implemented: ORS 675.110
Hist.: BPE 3-1999, f. & cert. ef. 7-6-99; BPE 2-2004, f. & cert. ef. 8-30-04; BPE 1-2008, f. & cert. ef. 3-26-08; BPE 1-2010, f. & cert. ef. 1-8-10; BPE 2-2010, f. & cert. ef. 9-28-10; Suspended by BPE 4-2012(Temp), f. & cert. ef. 10-18-12 thru 4-16-13


Presentation to the Board

When the investigation is complete, the investigator will make an investigation report to the Board, in accordance with the timeline and procedures outlined in ORS 183.310 to 183.500 and 676.160 to 676.180, and shall clearly set forth the issues on which the Board should consider possible action.

Stats. Auth.: ORS 675.110
Stats. Implemented: ORS 675.110
Hist.: BPE 2-1999, f. & cert. ef. 7-6-99; BPE 2-2004, f. & cert. ef. 8-30-04; BPE 1-2010, f. & cert. ef. 1-8-10; BPE 4-2012(Temp), f. & cert. ef. 10-18-12 thru 4-16-13

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