SEX OFFENDER TREATMENT BOARD RULES
The following definitions apply to OAR 331-800-0010 to 331-850-0010:
(1) “Active certificate” means a certificate issued when all requirements are met, fees paid and certificate is not expired, suspended or revoked.
(2) "Affidavit of Licensure" means an original document verifying licensing history and status, including information disclosing all unresolved or outstanding penalties and/or disciplinary actions. The document is issued and signed by the regulatory authority in the state which issued the license with an official seal or stamp affixed to the document; it is not the certificate or license form issued which authorizes the holder to practice. Refer to OAR 331-030-0040
(3) "Agency" means the Oregon Health Licensing Agency (OHLA). The agency is responsible for the budget, personnel, performance-based outcomes, consumer protection, fee collection, mediation, complaint resolution, discipline, rule making, and record keeping.
(4) "Authorization" means the official document, the certificate, issued by the Oregon Health Licensing Agency.
(5) “Board” means pursuant to ORS 675.395, the entity that advises the agency in matters relating to the practice of sex offender treatment, including practice standards, education and training requirements, and advises the agency on all disciplinary issues in accordance with 676.612. The Oregon Health Licensing Agency Director controls the regulatory operations and has decision-making authority on all substantive matters.
(6) "Certified clinical sex offender therapist” means a person who is certified by the agency to provide services for the treatment and rehabilitation of sex offenders and who may supervise certified associate sex offender therapist; also referred to as “clinical therapist”.
(7) "Certified associate sex offender therapist" means a person who is certified by the agency to provide services for the treatment and rehabilitation of sex offenders while under the direct supervision of a certified clinical sex offender therapist; also referred to as “associate therapist”.
(8) “Continuing education hours” means the actual academic classroom or course work time, including but not limited to workshops, symposiums, seminars, excluding personal travel time to and from the training site, registration or check-in periods breaks or lunch periods.
(9) "Credential" or its derivative means the process of licensing, registration, certification or the equivalent through which a person is legally recognized by a state agency as lawfully authorized to practice a health profession.
(10) “Direct supervision” means a minimum of two hours of supervision by a certified clinical sex offender therapist for each 45 hours of direct clinical contact with a sex offender as specified in ORS 675.365(4).
(11) “Direct treatment services” means face-to-face individual, group or family therapy, provided by a clinical or associate therapist, to a client.
(12) "Director" means, pursuant to ORS Chapter 676.610, the individual who has sole responsibility for the administrative, fiscal, human resource and regulatory functions of the agency.
(13) “Ethical” means conforming to professional standards, as adopted by the Association for the Treatment of Sexual Abusers’ Practice Standards (ATSA) and Guidelines adopted in 2005, and Professional Code of Ethics adopted in 2001, regarding professional practices authorized under ORS 675.360 to 675.410 and rules adopted by the agency.
(14) “Evaluation” means a comprehensive psychosexual assessment or intake assessment conforming to professional standards as adopted by the Association for Treatment of Sexual Abusers’ Practice Standards and Guidelines adopted in 2005, to determine a client’s risk to re-offend, identify dynamic risk factors, and develop appropriate treatment and supervision plans. Evaluation includes a written report including, but not limited to the following:
(a) Useful guidance to others, such as the courts, in making decisions affecting a client’s future and whether the client’s risk can be managed in a community setting;
(b) Comprehensive description of the client’s abusive and non-abusive sexual behavior;
(c) Amenability to treatment;
(d) Recommendations regarding the intensity and type of intervention that is required;
(e) Risk management strategies;
(f) Responsiveness to treatment, such as culture, ethnicity, age, IQ, learning style, neuropsychological disorders, personality style, mental and physical disabilities, medication, and motivation.
(15) "Health care information" means any information, whether oral or recorded in any form or medium that identifies or can readily be associated with the identity of, and relates to the health care of, a patient or client.
(16) “Informed consent” means consent obtained following a thorough and easily understood explanation to the client, or the client’s guardian, of the proposed treatment plan, any available alternative procedures and any risks associated with the proposed plan. The therapist provides clients with information about the purpose, goals, techniques, procedures, limitations, and consequences of not consenting, the limits of confidentiality, and alternatives to the services offered, potential risks and benefits of services to be performed. Supervisors ascertain the client’s ability to understand and utilize the information.
(17) “Functionally disabled” means a severe and chronic disability that is attributable to a mental or physical impairment or a combination of physical and mental impairments which result in substantial functional limitations in three or more of the major life activities.
(18) “Mental health professional” means a person licensed to practice without supervision in the state of Oregon as a physician, psychiatrist, psychiatric nurse practitioner, psychologist, psychological associate, licensed professional counselor, licensed clinical social worker, or licensed marriage and family therapist, who provides sex offender treatment of adults, juveniles or functionally disabled individuals.
(19) “Official transcript” means an original document certified by an accredited educational institution, delivered from the school to the agency by mail or courier, which includes:
(a) School name and location;
(b) Student's name, address and date of birth;
(c) Enrollment and termination dates;
(d) Hours and types of course work;
(e) Degree issued;
(f) School seal or stamp;
(g) Signature of authorized school representative or registrar.
(20) "Oregon Health Licensing Agency" (OHLA) means the agency assigned to carry out the administrative, programmatic and daily operations, and regulatory functions of ORS 676.606.
(21) “Professional mental health licensing or certification agency” means the entity charged with the administrative functions and responsibilities for protecting the public through the licensing and regulating of certain professions practiced in Oregon, or in a county, other state, country or territory. The entity has the responsibility for decisions on qualifications, standards of practice, licensing, discipline and other discretionary functions relating to professional activities in the professional licensing boards, councils, or programs; also known as regulatory authority.
(22) ”Reciprocity” means, according to ORS 675.380, certification, registration or licensure in another state based on standards of training, education and experience that are similar to those required for certification in Oregon as a certified clinical sex offender therapist or a certified associate sex offender therapist as specified in 675.375.
(23) “Sex offender specific treatment” means treatment modalities that are based on empirical research with regard to favorable treatment outcomes and are professionally accepted in the field of sex offender treatment of adults, juveniles, and functionally disabled individuals, with sexual behavior problems. Offense specific treatment is a comprehensive set of planned treatment experiences and interventions that modify sexually deviant thoughts, fantasies, and behaviors and that utilize specific strategies to promote change and to reduce the chance of re-offending.
(24) "Treatment plan" means an individualized written statement of intended care and services as documented in the evaluation that details how the client's treatment needs will be met while protecting the community during the course of treatment.
Stat. Auth.: ORS 675.410 & 676.615
Stat. Implemented: ORS 675.360 - 675.410
Hist.: HLA 1-2008(Temp), f. 3-14-08, cert. ef. 3-15-08 thru 9-1-08; HLA 2-2008, f. 5-27-08, cert. ef. 6-1-08; HLA 2-2010, f. & cert. ef. 3-15-10; HLA 4-2010, f. & cert. ef. 5-18-10
Fees established by the Oregon Health Licensing Agency are as follows:
(1) Application for certification: $75.
(3) Original two year certification: $650.
(4) Application for renewal — two year certificate: $650.
(5) Replacement certificate, including name change: $25.
(6) Duplicate certificate document: $25 per copy with a maximum of three.
(7) Delinquency fee: $50 for each year in expired status up to two years.
(8) Examination — Oregon laws & rules: $50.
(9) Affidavit of licensure: $50.
(10) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010.
Stat. Auth.: ORS 675.405, 675.410 & 676.625
Stat. Implemented: ORS 675.405
Hist: HLA 1-2008(Temp), f. 3-14-08, cert. ef. 3-15-08 thru 9-1-08; HLA 2-2008, f. 5-27-08, cert. ef. 6-1-08; HLA 8-2008, f. 9-15-08, cert. ef. 10-1-08; HLA 2-2010, f. & cert. ef. 3-15-10; HLA 4-2010, f. & cert. ef. 5-18-10