US Laws, Codes, Statutes & Cases

Chapter 675 — Psychologists; Occupational Therapists; Clinical Social Workers; Licensed Professional Counselors and Marriage and Family Therapists

 

 

2005 EDITION

 

 

PSYCHOLOGISTS; THERAPISTS; SOCIAL WORKERS

 

OCCUPATIONS AND PROFESSIONS

 

PSYCHOLOGISTS

 

(Generally)

 

675.010     Definitions for ORS 675.010 to 675.150

 

675.020     Practice or representation as psychologist prohibited without license; use of business name or designation

 

675.025     Application of ORS 58.325 to 58.365

 

(Licensing)

 

675.030     Licensing of psychologists after examination; requirements; fee; resident designation; rules

 

675.040     Examinations for licensing

 

675.045     Examinations administered by board; rules

 

675.050     Licensing without national examination; fee; rules

 

675.063     Limited permit to practice as psychologist; duration

 

675.065     Psychologist associate licensing procedure

 

675.070     Authorized sanctions; grounds for imposing sanctions; civil penalty

 

675.075     Confidentiality of information obtained under ORS 675.070 or 675.085

 

675.085     Investigation; disciplinary procedure

 

675.087     Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license

 

675.090     Application of ORS 675.010 to 675.150

 

(State Board)

 

675.100     State Board of Psychologist Examiners; confirmation; oath; compensation and expenses

 

675.110     Powers of board; fees

 

675.115     How fees determined

 

675.130     Officers; quorum; meetings; records; executive secretary

 

675.140     State Board of Psychologist Examiners Account; appropriation

 

(Enforcement)

 

675.150     Enforcement procedures

 

OCCUPATIONAL THERAPISTS

 

(Generally)

 

675.210     Definitions for ORS 675.210 to 675.340

 

675.220     Representation as occupational therapist or therapy assistant prohibited without license; exception

 

675.222     Employing unlicensed person prohibited

 

(Licensing)

 

675.230     Application for licensing

 

675.240     Qualifications for licensing as occupational therapist

 

675.250     Qualifications for licensing as occupational therapy assistant

 

675.270     Licensing without examination; fee

 

675.280     License period; fee; issuance of certificate; certificate as evidence; posting

 

675.290     License renewal procedure; delinquent fee

 

675.300     Grounds and procedures for denial, refusal to renew, suspension or revocation of license; confidentiality of information

 

(State Board)

 

675.310     Occupational Therapy Licensing Board; appointment; qualifications; nomination procedure; compensation and expenses; term

 

675.320     Powers of board

 

675.330     Occupational Therapy Licensing Board Account

 

(Enforcement)

 

675.335     Investigation of alleged violations; subpoenas

 

675.336     Civil penalties

 

675.337     Establishing schedule of civil penalties; rules

 

675.340     Enforcement procedure

 

CLINICAL SOCIAL WORKERS

 

(Generally)

 

675.510     Definitions for ORS 675.510 to 675.600

 

675.520     Use of title prohibited without license

 

(Licensing)

 

675.530     License; qualifications

 

675.535     Examination; rules

 

675.537     Certificate of social work associate; requirements

 

675.540     Grounds for disciplinary action; authorized sanctions; investigation

 

675.550     Reissuance of revoked certificate or license

 

675.560     When certificate or license effective; rules; renewal; continuing education

 

675.565     Continuing education

 

675.571     Fees; authorization; uses

 

675.580     Confidentiality of communication by client; exceptions

 

675.583     Duty to report evidence of impairment or unprofessional conduct; confidentiality of report; limitation on liability

 

675.585     Investigation of alleged violations; confidentiality of information; limitation of liability

 

(State Board)

 

675.590     State Board of Clinical Social Workers; term; qualifications

 

675.595     General powers of board; fees

 

675.597     Disposition of receipts

 

675.600     Duties of board; rules

 

LICENSED PROFESSIONAL COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS

 

(Generally)

 

675.705     Definitions for ORS 675.715 to 675.835

 

(Licensing)

 

675.715     Application; fee; qualifications; examinations; licensing

 

675.720     Internship; registration requirements; renewal; ethical standards

 

675.725     Annual license; rules; fees; effect of expiration of license

 

675.735     Reciprocal license

 

675.745     Grounds for denial, suspension or revocation of license or refusal to issue license; probation; confidentiality of information; penalties

 

(Disclosure and Confidentiality)

 

675.755     Professional disclosure statement required; content; exemptions; rules

 

675.765     Confidentiality of information; exceptions

 

(State Board)

 

675.775     Oregon Board of Licensed Professional Counselors and Therapists; members; appointment; term

 

675.785     Powers and duties of board; rules; fees

 

675.795     Board meeting; quorum; per diem; officers

 

675.805     Use of moneys received by board

 

(Enforcement)

 

675.825     Prohibited conduct; civil penalty

 

675.835     Injunctive proceedings

 

PENALTIES

 

675.990     Penalties

 

PSYCHOLOGISTS

 

(Generally)

 

      675.010 Definitions for ORS 675.010 to 675.150. As used in ORS 675.010 to 675.150, unless the context requires otherwise:

      (1) “Approved doctoral program in psychology” means a doctoral program in psychology accredited by the American Psychological Association or a doctoral program in psychology accredited individually or as part of an institutional accreditation by another private or governmental accrediting agency, when the association’s or agency’s standards and procedures have been approved by the State Board of Psychologist Examiners by rule.

      (2) “Board” means the State Board of Psychologist Examiners.

      (3) “Licensed psychologist” means a person licensed to practice psychology under the provisions of ORS 675.010 to 675.150.

      (4) “Practice of psychology” means rendering or offering to render supervision, consultation, evaluation or therapy services to individuals, groups or organizations for the purpose of diagnosing or treating behavioral, emotional or mental disorders. “Practice of psychology” also includes delegating the administration and scoring of tests to technicians qualified by and under the direct supervision of a licensed psychologist.

      (5) “State” means any state or territory of the United States and the District of Columbia. [1963 c.396 §1; 1973 c.777 §1; 1981 c.892 §96; 1991 c.490 §1; 1993 c.585 §1; 1995 c.810 §1; 1999 c.443 §1; 2003 c.630 §3]

 

      675.020 Practice or representation as psychologist prohibited without license; use of business name or designation. (1) To safeguard the people of the State of Oregon from the dangers of unqualified and improper practice of psychology, no person shall, unless exempted from the provisions of ORS 675.010 to 675.150 by ORS 675.090:

      (a) Practice psychology in this state without first being licensed under ORS 675.010 to 675.150; or

      (b) Represent oneself to be a psychologist without first being licensed under ORS 675.010 to 675.150.

      (2) As used in subsection (1)(b) of this section, “represent oneself to be a psychologist” means to use any title or description of services incorporating the words “psychology,” “psychological,” “psychotherapy” or “psychologist,” or to offer or render to individuals or to groups of individuals services included in the practice of psychology.

      (3) A psychologist licensed under ORS 675.010 to 675.150 shall practice under the name of the psychologist only, but nothing in ORS 675.010 to 675.150 or rules adopted thereunder shall be deemed to prevent a licensed psychologist from using an assumed business name or other designation to describe a place, institution, organization or agency where or in connection with which the psychologist conducts practice. [1963 c.396 §2; 1971 c.362 §1; 1973 c.777 §2; 1987 c.158 §136; 1993 c.585 §2; 1995 c.810 §2]

 

      675.025 Application of ORS 58.325 to 58.365. ORS 58.325 to 58.365 shall not apply to professional corporations rendering psychological services. [1985 c.90 §11]

 

(Licensing)

 

      675.030 Licensing of psychologists after examination; requirements; fee; resident designation; rules. (1) Upon application for licensure accompanied by the established fee, the State Board of Psychologist Examiners shall issue a psychologist license to any applicant who performs to the satisfaction of the board in examinations prescribed by the board and furnishes evidence satisfactory to the board that the applicant:

      (a) Has complied with all applicable provisions of ORS 675.010 to 675.150 and the applicable rules of the board;

      (b) Holds a doctoral degree in psychology, such degree having been obtained from an approved doctoral program in psychology;

      (c) Has satisfactorily completed such courses and training as may be required by the board;

      (d) Has had two years of supervised employment under the direction of a psychologist licensed in Oregon or under the direction of a person considered by the board to have equivalent supervisory competence; and

      (e) Is of good moral character. For purposes of this section, the lack of good moral character may be established by reference to acts or conduct that reflect moral turpitude or to acts or conduct which would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation. The conduct or acts in question must be rationally connected to the applicant’s fitness to practice psychology.

      (2) The board shall adopt rules by which a person receiving post-doctoral supervision during the application process may enter into a contract to practice psychology under the supervision of a licensed psychologist, psychologist associate or a person considered by the board to have equivalent supervisory competence. An applicant who enters such a contract shall be designated as a psychologist resident or a psychologist associate resident, accordingly, and shall be subject to ORS 675.010 to 675.150. [1963 c.396 §3; 1973 c.777 §3; 1985 c.90 §3; 1991 c.311 §1; 1991 c.490 §2; 1993 c.585 §3; 2005 c.7 §1]

 

      675.040 Examinations for licensing. (1) Examinations administered by the State Board of Psychologist Examiners for applicants for licenses under ORS 675.010 to 675.150 shall be held at least once every year at such times and places as the board may determine. Timely and appropriate notice shall be sent to each applicant.

      (2) Any applicant may, upon written request to the board, discuss the applicant’s performance on the board administered examination with the board.

      (3) Any applicant who fails to make a passing grade on the board administered examination shall be allowed to take the examination a second time. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again. [1963 c.396 §4; 1973 c.777 §6; 2005 c.7 §2]

 

      675.045 Examinations administered by board; rules. (1) The State Board of Psychologist Examiners shall adopt rules governing examinations required by the board.

      (2) When the board requires a board administered examination, the board shall:

      (a) Maintain a complete record of the proceedings and of the questions asked and responses given; and

      (b) Inform applicants in writing of the examination results for each tested subject area.

      (3) Upon written request to the board, an applicant who fails a board administered examination may review the record of the examination. To ensure and maintain test security, the applicant shall sign a confidentiality agreement prior to reviewing the record of the examination.

      (4) Any applicant who fails a board administered examination shall be:

      (a) Allowed to petition the board to reconsider the results of the entire examination or the results of a particular tested area.

      (b) Reexamined only in the tested areas in which the applicant did not receive a passing grade. [1985 c.90 §6; 1997 c.681 §1; 2005 c.7 §3]

 

      675.050 Licensing without national examination; fee; rules. (1) Upon application for licensure accompanied by the established fee, the State Board of Psychologist Examiners may issue a license, without national examination, to any applicant who furnishes evidence satisfactory to the board that the applicant:

      (a) Holds a doctoral degree from an approved doctoral program in psychology and is licensed or certified to practice psychology in another state in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to licensing requirements of ORS 675.010 to 675.150 and the rules of the board;

      (b) Is a diplomate in good standing of the American Board of Professional Psychology;

      (c) Is licensed in a jurisdiction that is a party to a licensing reciprocity agreement with the State of Oregon and meets the requirements for reciprocity in the agreement;

      (d) Possesses a valid Certificate of Professional Qualification granted by the Association of State and Provincial Psychology Boards or is credentialed as a Health Service Provider in Psychology by the National Register of Health Service Providers in Psychology; or

      (e)(A) Possesses and has maintained for at least 15 years a license to practice psychology that is based on a doctoral degree and that is issued by a board that is a member jurisdiction of the Association of State and Provincial Psychology Boards; and

      (B) Meets other requirements established by the State Board of Psychologist Examiners.

      (2) The State Board of Psychologist Examiners shall adopt by rule and administer an examination on Oregon law to an applicant described in subsection (1) of this section. [1963 c.396 §5; 1973 c.777 §7; 1985 c.90 §4; 1991 c.320 §1; 1993 c.585 §4; 2003 c.14 §429; 2003 c.316 §1; 2005 c.7 §4]

 

      675.060 [1963 c.396 §7; 1967 c.470 §63; repealed by 1973 c.777 §21]

 

      675.063 Limited permit to practice as psychologist; duration. Upon application therefor and payment of the required fee, the State Board of Psychologist Examiners may issue a limited permit to practice as a psychologist to an applicant holding a certificate or license to practice psychology issued by another state whose requirements are, in the judgment of the board, essentially equivalent to those required by ORS 675.010 to 675.150. The limited permit shall be valid for a period of not more than 180 calendar days in any 24-month period. [1973 c.777 §15; 1987 c.56 §1; 1997 c.249 §204; 1999 c.59 §201]

 

      675.065 Psychologist associate licensing procedure. (1) The State Board of Psychologist Examiners shall issue psychologist associate licenses to applicants who meet requirements of this section, do not possess a doctoral degree, and are deemed competent to perform certain functions within the practice of psychology under the periodic direct supervision of a psychologist licensed by the board. Such functions may include but are not restricted to administering tests of mental abilities, conducting personality assessments and counseling, including educational and vocational planning.

      (2) The applicant shall pay to the board the application fee for a license.

      (3) Upon petition by a psychologist associate, the board may grant authority to function without immediate supervision.

      (4) Upon application therefor accompanied by the fee established by the board, the board shall issue a psychologist associate license to any applicant who performs to the satisfaction of the board in the examinations prescribed by the board if the board determines that the applicant:

      (a) Is of good moral character;

      (b) Has complied with all the applicable provisions of ORS 675.010 to 675.150;

      (c) Has received a master’s degree in psychology from a psychology program approved by the board by rule;

      (d) Has completed an internship in an approved educational institution or one year of other training experience acceptable to the board, such as supervised professional experience under the direction of a psychologist licensed in Oregon, or under the direction of a person considered by the board to have equivalent supervisory competence; and

      (e) Furnishes proof acceptable to the board of at least 36 months, exclusive of internship, of full-time experience satisfactory to the board under the direct supervision of a licensed psychologist in Oregon, or under the direct supervision of a person considered by the board to have equivalent supervisory competence. [1973 c.777 §5; 1987 c.158 §137; 1991 c.490 §3; 1993 c.585 §5; 1999 c.443 §2; 2005 c.7 §5]

 

      675.070 Authorized sanctions; grounds for imposing sanctions; civil penalty. (1) Where any of the grounds enumerated in subsection (2) of this section exist, the State Board of Psychologist Examiners may impose any of the following sanctions:

      (a) Deny a license to any applicant;

      (b) Refuse to renew the license of any psychologist or psychologist associate;

      (c) Suspend the license of any psychologist or psychologist associate for a period of not less than one year;

      (d) Issue a letter of reprimand;

      (e) Impose probation with authority to restrict the scope of practice of a psychologist or psychologist associate or require practice under supervision;

      (f) Revoke the license of any psychologist or psychologist associate; or

      (g) Impose a civil penalty not to exceed $1,000.

      (2) Grounds exist for imposition of any of the sanctions enumerated in subsection (1) of this section against any psychologist or psychologist associate or applicant, or, where applicable, any unlicensed person found in violation of ORS 675.010 to 675.150, when, in the judgment of the board, the person:

      (a) Abuses intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties;

      (b) Has been convicted of violation of any law relating to controlled substances;

      (c) Has been convicted of any felony or of any misdemeanor involving moral turpitude;

      (d) Is guilty of immoral or unprofessional conduct or of gross negligence in the practice of psychology which includes but is not limited to:

      (A) Any conduct or practice contrary to recognized standard of ethics of the psychological profession or any conduct or practice which constitutes a danger to the health or safety of a patient or the public, or any conduct, practice or condition which impairs a psychologist or psychologist associate’s ability to practice psychology safely and skillfully.

      (B) Willful ordering or performing of unnecessary tests or studies, administration of unnecessary treatment, failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care, or otherwise ordering or performing any psychological service or treatment which is contrary to recognized standards of practice of the psychological profession;

      (e) Is mentally or emotionally unfit to practice psychology;

      (f) Has practiced or attempted to practice medicine without being licensed to do so;

      (g) Has obtained or attempted to obtain a license under ORS 675.010 to 675.150 by fraud or material misrepresentation;

      (h) Has impersonated a licensed psychologist or psychologist associate or has allowed another person to use the license of the psychologist;

      (i) Has violated any provision of ORS 675.010 to 675.150 or any provision of the code of professional conduct formulated under ORS 675.110 (12); or

      (j) Has obtained a fee or payment from a patient or third party payer through fraud or intentional misrepresentation.

      (3) In case of any conviction required under subsection (2) of this section as grounds for denial, refusal, suspension, revocation, reprimand, probation or imposition of a civil penalty, a certified copy of the record of the conviction shall be conclusive evidence.

      (4) The board may license an applicant or renew or restore any license suspended or revoked under subsection (2)(e) of this section whenever the board determines that the applicant or former licensed psychologist or former psychologist associate is no longer mentally or emotionally unfit to practice psychology.

      (5) License suspension or revocation in another state is grounds for license denial or disciplinary action by the board. [1963 c.396 §8; 1973 c.777 §10; 1979 c.744 §49; 1985 c.90 §7; 1989 c.44 §1; 1989 c.217 §1; 1989 c.444 §1]

 

      675.075 Confidentiality of information obtained under ORS 675.070 or 675.085. (1) Any information that the State Board of Psychologist Examiners obtains under ORS 675.070 or 675.085 is confidential as provided under ORS 676.175.

      (2) Any person who in good faith provides information to the board shall not be subject to an action for civil damages as a result thereof. [1989 c.438 §2; 1997 c.791 §10]

 

      675.080 [1963 c.396 §9; repealed by 1971 c.734 §21]

 

      675.085 Investigation; disciplinary procedure. (1) Upon receipt of a complaint under ORS 675.010 to 675.150, the State Board of Psychologist Examiners shall conduct an investigation as described under ORS 676.165.

      (2) Where the board proposes to refuse to issue a license or to impose any disciplinary action under ORS 675.070, opportunity for hearing shall be accorded as provided in ORS chapter 183. The board shall render its decision within 30 days after the hearing.

      (3) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. [1971 c.734 §117; 1973 c.777 §11; 1985 c.90 §8; 1997 c.791 §11]

 

      675.087 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license. The lapse, suspension or revocation of a license issued under ORS 675.010 to 675.150 by the operation of law, by order of the State Board of Psychologist Examiners or by the decision of a court of law, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee or to revise or render null and void an order suspending or revoking the license. [2005 c.8 §2]

 

      675.090 Application of ORS 675.010 to 675.150. (1) ORS 675.010 to 675.150 do not apply to:

      (a) A person who teaches psychology, conducts psychological research or provides consulting services to an organization or institution provided that the teaching, research or consulting services do not involve the delivery or supervision of direct psychological services to individuals who are themselves, rather than a third party, the beneficiaries of the services, regardless of the source or extent of payment for the services rendered. Nothing in ORS 675.010 to 675.150 shall prevent the provision of expert testimony by psychologists who are otherwise exempted by this subsection. A person performing the functions authorized by this paragraph may use the title “psychologist” only if the person holds a doctoral degree in psychology from an approved doctoral program in psychology.

      (b) A person who is either:

      (A) A matriculated graduate student pursuing a graduate degree in professional psychology at an approved doctoral program in psychology;

      (B) A student pursuing postdoctoral training or experience in professional psychology, including a person seeking to fulfill the licensure requirements established in ORS 675.010 to 675.150; or

      (C) A person pursuing certification or licensure or a graduate degree in any of the certified or licensed professions otherwise exempted from ORS 675.010 to 675.150.

      (c) A person who is licensed or certified by the State of Oregon to provide mental health services, provided that the services are rendered within the person’s lawful scope of practice and that the person does not use the title “psychologist” in connection with the activities authorized in this paragraph.

      (d) A person who is licensed, certified or otherwise authorized by the State of Oregon to render professional services, provided that the services are rendered within the person’s lawful scope of practice and that the person does not use the title “psychologist” in connection with the activities authorized under this paragraph.

      (e) A person who is employed by a local, state or federal government agency, or employed by a community mental health program or drug and alcohol treatment program licensed or certified by the State of Oregon to the extent that the person’s activities and services are rendered within the person’s scope of employment and are performed within the confines of the employing agency and provided that the person does not use the title “psychologist” in connection with the activities authorized under this paragraph.

      (f) A person who is a recognized member of the clergy, provided that the person is acting in the person’s ministerial capacity and does not use the title “psychologist.”

      (g) A person who has credentials as a school psychologist if the person is an employee of an educational institution and restricts the person’s practice to activities within a school setting. A person acting under this paragraph may use the title “school psychologist.”

      (2) A person described in subsection (1)(b) of this section may use the title “psychological trainee,” “psychological intern,” “psychologist resident” or “psychologist associate resident” if the person is pursuing the education or training described in subsection (1)(b) of this section under the supervision and responsibility of a licensed psychologist in accordance with the rules adopted by the State Board of Psychologist Examiners.

      (3) Nothing in this section shall exempt from ORS 675.010 to 675.150 a person whose license to practice psychology is revoked or suspended because the person engaged in sexual activity with a client. [1963 c.396 §10; 1971 c.362 §2; 1973 c.777 §8; 1985 c.90 §9; 1989 c.491 §66; 1991 c.67 §178; 1993 c.585 §6; 1995 c.810 §3; 1997 c.249 §205]

 

(State Board)

 

      675.100 State Board of Psychologist Examiners; confirmation; oath; compensation and expenses. (1) There hereby is created a State Board of Psychologist Examiners consisting of seven members appointed by the Governor. Five of the members shall be residents of Oregon, have doctoral degrees with primary emphasis in psychology and shall be licensed under ORS 675.010 to 675.150. Two members shall be residents of Oregon and shall serve as public members.

      (2) The term of office of a board member shall be three years, but the members shall serve at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor to assume duties on July 1 next following. A member shall be eligible for one consecutive reappointment only. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (3) All appointments of members of the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.

      (4) Before entering upon the duties of office, each board member shall subscribe to an oath that the member will faithfully and impartially discharge the duties of office and that the member will support the Constitution of the United States and the Constitution of this state. The oath shall be filed with the Secretary of State.

      (5) Each member of the board is entitled to compensation and expenses as provided in ORS 292.495. [1963 c.396 §11; 1969 c.314 §77; 1973 c.777 §9a; 1973 c.792 §32]

 

      675.110 Powers of board; fees. The State Board of Psychologist Examiners shall have the following powers, in addition to the powers otherwise granted under ORS 675.010 to 675.150, and shall have all powers necessary or proper to carry the granted powers into effect:

      (1) To determine qualifications of applicants to practice psychology in this state; to cause to have examinations prepared, conducted and graded and to grant licensing to qualified applicants upon their compliance with the provisions of ORS 675.010 to 675.150 and the rules of the board.

      (2) To grant or deny renewal of licenses, and to renew licenses which have lapsed for nonpayment of the renewal fee, subject to the provisions of ORS 675.010 to 675.150.

      (3) To suspend or revoke licenses, subject to ORS 675.010 to 675.150.

      (4) To issue letters of reprimand, to impose probationary periods with the authority to restrict the scope of practice of a licensed psychologist or to require practice under supervision.

      (5) To impose civil penalties not to exceed $1,000.

      (6) To restore licenses which have been suspended or revoked or voided by nonpayment of the renewal fee.

      (7)(a) To collect fees for application, examination and licensing of applicants, for renewal of licenses, and for issuance of limited permits, such fees to be used to defray the expenses of the board as provided in ORS 675.140.

      (b) The board may collect a delinquent renewal fee for licenses renewed after the deadline for renewal but before the grace period for renewal has expired.

      (8) To investigate alleged violations of ORS 675.010 to 675.150.

      (9) To issue subpoenas for the attendance of witnesses, take testimony, administer oaths or affirmations to witnesses, conduct hearings, require the production of relevant documents in all proceedings pertaining to the duties and powers of the board.

      (10) To enforce ORS 675.010 to 675.150 and to exercise general supervision over the practice of psychology in this state.

      (11) To adopt a common seal.

      (12) To formulate a code of professional conduct for the practice of psychology giving particular consideration to the Ethical Standards of Psychologists promulgated by the American Psychological Association.

      (13) To establish standards of service and training and educational qualifications for the rendering of ethical psychological services in this state, including the formulation of standards for the issuance of licenses for areas of special competence.

      (14) To formulate and enforce continuing education requirements for duly licensed psychologists to insure the highest quality of professional services to the public.

      (15) To deny renewal of a license, or renewal of a license that has lapsed for nonpayment of the renewal fee, unless prior to payment of the renewal fee described in subsection (7) of this section the applicant completes, or provides documentation of previous completion of:

      (a) A pain management education program approved by the board and developed in conjunction with the Pain Management Commission established under ORS 409.500; or

      (b) An equivalent pain management education program, as determined by the board.

      (16) For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, to require the fingerprints of a person who is:

      (a) Applying for a license that is issued by the board;

      (b) Applying for renewal of a license that is issued by the board; or

      (c) Under investigation by the board.

      (17) Subject to the applicable provisions of ORS chapter 183, to adopt reasonable rules to carry out the provisions of ORS 675.010 to 675.150. [1963 c.396 §12; 1973 c.39 §1; 1973 c.777 §12; 1983 c.289 §1; 1985 c.90 §10; 2001 c.987 §12; 2003 c.630 §§1,2; 2005 c.730 §§62,63]

 

      675.115 How fees determined. Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under ORS 675.110 shall not exceed the cost of administering the regulatory program of the State Board of Psychologist Examiners pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board. [1983 c.289 §2; 1991 c.703 §19]

 

      Note: 675.115 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 675 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      675.120 [1963 c.396 §13; repealed by 1973 c.777 §21]

 

      675.130 Officers; quorum; meetings; records; executive secretary. (1) The State Board of Psychologist Examiners shall select one of its members as chairperson, and another as vice chairperson, for such terms and with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.

      (2) A majority of the board constitutes a quorum for the transaction of business.

      (3) The board shall meet at least once a year at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson, or of a majority of the members of the board or of the Governor.

      (4) The board shall maintain records of all of its proceedings under ORS 675.010 to 675.150.

      (5) The board shall maintain a register of all living psychologists licensed under ORS 675.010 to 675.150, showing their names, their last-known business addresses, their last-known residential addresses, and the dates and numbers of their licenses.

      (6) The board may appoint an executive secretary who shall not be a member of the board. The board shall fix the compensation for the executive secretary. [1963 c.396 §14; 1973 c.777 §14; 1983 c.740 §249]

 

      675.140 State Board of Psychologist Examiners Account; appropriation. On or before the 10th day of each month, the State Board of Psychologist Examiners shall pay into the State Treasury all moneys received by the board during the preceding calendar month. The State Treasurer shall credit the moneys to the State Board of Psychologist Examiners Account. The moneys in the State Board of Psychologist Examiners Account are continuously appropriated to the board for the purpose of paying the expenses of administering and enforcing ORS 675.010 to 675.150. [1963 c.396 §15; 1967 c.637 §28; 1973 c.777 §17]

 

(Enforcement)

 

      675.150 Enforcement procedures. The State Board of Psychologist Examiners may institute and commence injunction proceedings in any circuit court in Oregon to enjoin the unlawful practice of psychology. In any such proceeding it shall not be necessary to show that any person is individually injured by the actions complained of. If the person complained of is found by the court to have unlawfully engaged in practice of psychology, the court may enjoin the person from so practicing. Procedure in such cases shall be the same as any other injunction suit. The remedy by injunction hereby given is in addition to criminal prosecution and punishment. [1973 c.777 §13]

 

OCCUPATIONAL THERAPISTS

 

(Generally)

 

      675.210 Definitions for ORS 675.210 to 675.340. As used in ORS 675.210 to 675.340, unless the context requires otherwise:

      (1) “Board” means the Occupational Therapy Licensing Board.

      (2) “Occupational therapist” means a person licensed to practice occupational therapy under ORS 675.210 to 675.340.

      (3) “Occupational therapy” means the analysis and use of purposeful activity with individuals who are limited by physical injury or illness, developmental or learning disabilities, psycho-social dysfunctions or the aging process in order to maximize independence, prevent disability and maintain health. The practice of occupational therapy encompasses evaluation, treatment and consultation. Specific occupational therapy services includes but is not limited to: Activities of daily living (ADL); perceptual motor and sensory integrated activity; development of work and leisure skills; the design, fabrication or application of selected orthotics or prosthetic devices; the use of specifically designed crafts; guidance in the selection and use of adaptive equipment; exercises to enhance functional performance; prevocational evaluation and training; performing and interpreting manual muscle and range of motion test; and appraisal and adaptation of environments for people with mental and physical disabilities. The services are provided individually, in groups, or through social systems.

      (4) “Occupational therapy assistant” means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.

      (5) “Person” means any individual, partnership, unincorporated association or corporate body, except only an individual may be licensed under ORS 675.210 to 675.340. [1977 c.858 §1; 1981 c.250 §1; 1989 c.224 §132; 1997 c.105 §1]

 

      675.220 Representation as occupational therapist or therapy assistant prohibited without license; exception. (1) No person shall practice occupational therapy or purport to be an occupational therapist or occupational therapy assistant, or as being able to practice occupational therapy, or to render occupational therapy services, or use the abbreviations designated by the Occupational Therapy Licensing Board under ORS 675.320 unless the person is licensed in accordance with ORS 675.210 to 675.340.

      (2) ORS 675.210 to 675.340 do not apply to:

      (a) Employment as an occupational therapist or occupational therapy assistant in an institution or an agency of the federal government.

      (b) Persons licensed under any other law of this state to do any acts included in the definition of occupational therapy in ORS 675.210 or persons working under the direction of any such person.

      (c) The practice of occupational therapy which is incidental to the planned program of study for students enrolled in an occupational therapist or occupational therapy assistant program approved by the board. [1977 c.858 §§2,3; 1981 c.250 §2]

 

      675.222 Employing unlicensed person prohibited. No person shall hire or employ a person to practice as an occupational therapist or as an occupational therapy assistant unless the person hired or employed is licensed in accordance with ORS 675.210 to 675.340. [1991 c.791 §4]

 

(Licensing)

 

      675.230 Application for licensing. Any person desiring to be licensed as an occupational therapist or occupational therapy assistant shall apply in writing to the Occupational Therapy Licensing Board in the form and manner provided by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant possesses the qualifications prescribed in ORS 675.240 for applicants for licensing as an occupational therapist, or in ORS 675.250 for applicants for licensing as an occupational therapy assistant. [1977 c.858 §4; 2005 c.21 §6]

 

      675.240 Qualifications for licensing as occupational therapist. Except as provided in ORS 675.270, each applicant for licensure under ORS 675.210 to 675.340 as an occupational therapist shall:

      (1) Have successfully completed an educational program in occupational therapy recognized by the Occupational Therapy Licensing Board, with concentration in biological or physical science, psychology and sociology, and with education in selected manual skills.

      (2) Pass to the satisfaction of the board an examination adopted by the board to determine the fitness of the applicant for practice as an occupational therapist or be entitled to be licensed as provided in ORS 675.270.

      (3) Have successfully completed at least six months of supervised field work that complies with rules adopted by the board. [1977 c.858 §5; 1981 c.250 §3; 1997 c.104 §1]

 

      675.250 Qualifications for licensing as occupational therapy assistant. Except as provided in ORS 675.270, an applicant for licensure under ORS 675.210 to 675.340 as an occupational therapy assistant shall:

      (1) Be at least 18 years of age.

      (2) Have successfully completed the academic requirements of an educational program for occupational therapy assistants recognized by the Occupational Therapy Licensing Board.

      (3) Pass an examination approved by the board to determine the fitness of the applicant for practice as an occupational therapy assistant.

      (4) Have successfully completed at least two months of supervised field work that complies with rules adopted by the board. [1977 c.858 §6; 1981 c.250 §4; 1997 c.104 §2]

 

      675.260 [1977 c.858 §7; 1981 c.250 §5; 1989 c.338 §1; repealed by 1997 c.104 §5]

 

      675.270 Licensing without examination; fee. (1) The Occupational Therapy Licensing Board may license without examination any person who applies and meets the requirements under ORS 675.210 to 675.340, and:

      (a) Is currently certified as an occupational therapist registered (O.T.R.) or certified occupational therapy assistant (C.O.T.A.) by the National Board for Certification in Occupational Therapy; or

      (b) Presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States that requires standards for licensure considered by the Occupational Therapy Licensing Board to be equivalent to the requirements for licensure under ORS 675.210 to 675.340.

      (2) Each applicant under this section shall pay a license fee, in an amount established by the board, at the time of filing an application under this section. [1977 c.858 §8; 1981 c.250 §6; 1989 c.338 §2; 1997 c.104 §3; 2003 c.130 §1]

 

      675.280 License period; fee; issuance of certificate; certificate as evidence; posting. Licenses issued under ORS 675.210 to 675.340 shall expire on May 31 of even-numbered years. The Occupational Therapy Licensing Board shall license any person who meets the requirements of ORS 675.210 to 675.340 upon payment of a license fee in an amount established by the board. The board shall issue a certificate to each person licensed. The certificate shall be prima facie evidence of the right of the person to whom it is issued to purport to be a licensed occupational therapist or occupational therapy assistant subject to the provisions of ORS 675.210 to 675.340. The certificate shall be posted in a conspicuous place on the premises of the occupational therapy employer. [1977 c.858 §9; 1981 c.250 §7; 1989 c.338 §3; 2003 c.130 §2]

 

      675.290 License renewal procedure; delinquent fee. Each licensed occupational therapist or occupational therapy assistant shall apply to the Occupational Therapy Licensing Board prior to the expiration of a license for a renewal of a license. Each applicant for renewal of a license shall pay a renewal fee, in an amount established by the board, at the time of filing a renewal application. Any license that is not renewed before June 1 of even-numbered years shall automatically lapse. The board may revive and renew any lapsed license upon payment to it of a delinquent fee in the amount of $50. However, late renewal of a license may not be granted more than three years after its expiration. [1977 c.858 §10; 1981 c.250 §8; 1989 c.338 §4; 2003 c.130 §3]

 

      675.300 Grounds and procedures for denial, refusal to renew, suspension or revocation of license; confidentiality of information. (1) The Occupational Therapy Licensing Board may deny, suspend, revoke or refuse to renew a license or may impose probationary conditions where the licensee or applicant has been guilty of:

      (a) Unprofessional conduct as defined by the standards established by the board;

      (b) Obtaining or attempting to obtain a license by means of fraud, misrepresentation or concealment of material facts;

      (c) Violating any lawful order or rule adopted by the board that may affect the health, welfare or safety of the public; or

      (d) Gross negligence or incompetence in the performance of professional duties.

      (2) The board may suspend or revoke the license of any person licensed under ORS 675.210 to 675.340 and 675.990 (2) if the licensee has been adjudged mentally incompetent by a court of competent jurisdiction.

      (3) Where the board proposes to refuse to issue or renew a license or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183.

      (4) Judicial review of orders under subsection (3) of this section shall be in accordance with ORS chapter 183.

      (5) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. [1977 c.858 §§13,14,15; 1997 c.791 §12]

 

(State Board)

 

      675.310 Occupational Therapy Licensing Board; appointment; qualifications; nomination procedure; compensation and expenses; term. (1) There is created in the Department of Human Services the Occupational Therapy Licensing Board. It shall be composed of five members, appointed by the Governor, three of whom shall be licensed occupational therapists in this state with no less than three years of experience in occupational therapy immediately preceding their appointment, and two of whom shall be members of the consuming public. Board members required to be occupational therapists may be selected by the Governor from a list of no less than eight nominees submitted by the Occupational Therapy Association of Oregon. However, one member of the board may be a licensed occupational therapy assistant.

      (2) Members are entitled to compensation and expenses as provided in ORS 292.495.

      (3) Members shall serve a term of four years and may not serve more than two consecutive terms. [1977 c.858 §11; 1997 c.632 §10]

 

      675.320 Powers of board. The Occupational Therapy Licensing Board shall have the following powers in addition to powers otherwise granted under ORS 675.210 to 675.340 or necessary to carry out the provisions of ORS 675.210 to 675.340:

      (1) To organize and elect from its membership a president and secretary, each of whom shall hold office for one year or until the election and qualification of a successor.

      (2) To appoint a director to perform such duties as the board shall prescribe, and whose compensation shall be fixed by the board subject to ORS 240.245.

      (3) To authorize all necessary disbursements to carry out the provisions of ORS 675.210 to 675.340, including, but not limited to, payment for necessary supplies, office equipment and investigations and such other expenditures as provided for in ORS 675.210 to 675.340.

      (4) To suspend, revoke or invalidate licenses for nonpayment of renewal fees.

      (5) To restore licenses that have been suspended, revoked or voided.

      (6) To adopt license and license renewal fees under ORS 675.270, 675.280 and 675.290. The fees must be approved by the Oregon Department of Administrative Services and may not exceed the cost of administering ORS 675.210 to 675.340.

      (7) To collect license applications and renewal fees.

      (8) To investigate alleged violations of ORS 675.210 to 675.340.

      (9) To enforce the provisions of ORS 675.210 to 675.340 and generally supervise the practice of occupational therapy in this state.

      (10) To make and enforce rules in accordance with ORS chapter 183 for the procedure of the board and for regulating the practice of occupational therapy not inconsistent with the provisions of ORS 675.210 to 675.340.

      (11) To establish minimum requirements for continuing education to be complied with by all licensees under ORS 675.210 to 675.340 prior to reissuing licenses.

      (12) To establish minimum requirements for limited permit to be complied with by all applicants prior to issuance of limited permit. A limited permit shall be issued to a person at the discretion of the board upon application and payment of a permit fee of $25.

      (13) To establish official abbreviations that may be used, under ORS 675.220 (1), by persons licensed as occupational therapists or occupational therapy assistants.

      (14) To establish minimum requirements for supervised field work necessary for applicants under ORS 675.240 or 675.250. [1977 c.858 §12; 1981 c.250 §9; 1989 c.338 §5; 1997 c.104 §4; 2003 c.130 §4]

 

      675.330 Occupational Therapy Licensing Board Account. (1) The Occupational Therapy Licensing Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Occupational Therapy Licensing Board under ORS 675.210 to 675.340 shall be deposited into the account and are continuously appropriated to the board to be used only for the administration and enforcement of ORS 675.210 to 675.340 and 675.990 (2). Any interest or other income from moneys in the account shall be credited to the account.

      (2) All civil penalties collected or received for violations of or in prosecutions under ORS 675.210 to 675.340 shall be deposited into the Occupational Therapy Licensing Board Account and shall be used only for the administration and enforcement of ORS 675.210 to 675.340.

      (3) All fines collected or received for violations of or in prosecutions under ORS 675.210 to 675.340 and 675.990 (2) shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account. [1977 c.858 §16; 1991 c.460 §6; 2005 c.726 §22]

 

(Enforcement)

 

      675.335 Investigation of alleged violations; subpoenas. (1) Upon the complaint of any citizen of this state, or upon its own motion, the Occupational Therapy Licensing Board may investigate any alleged violation of ORS 675.210 to 675.340. The board shall conduct an investigation as described under ORS 676.165.

      (2) In the conduct of investigations, the board may:

      (a) Take evidence;

      (b) Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases;

      (c) Compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases;

      (d) Require answers to interrogatories; and

      (e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

      (3) In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the board chairperson and the seal of the board in the name of the State of Oregon. [1989 c.843 §2; 1997 c.791 §13]

 

      675.336 Civil penalties. (1) In addition to any other liability or penalty provided by law, the Occupational Therapy Licensing Board may impose a civil penalty on a person who violates the provisions of ORS 675.210 to 675.340.

      (2) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.

      (3) All penalties recovered under this section shall be paid into the Occupational Therapy Licensing Board Account established in ORS 675.330 and shall be used only for the administration and enforcement of ORS 675.210 to 675.340. [1991 c.734 §112; 1991 c.791 §2; 2005 c.726 §23]

 

      675.337 Establishing schedule of civil penalties; rules. (1) After public hearing, the Occupational Therapy Licensing Board by rule shall adopt a schedule establishing the civil penalty that may be imposed under ORS 675.336. For a first violation of the provisions of ORS 675.210 to 675.340, the board shall issue a warning notice. The board may impose a fine of not to exceed $200 on a second violation and may impose a fine of not to exceed $1,000 upon third and subsequent violations.

      (2) In imposing a penalty pursuant to the schedule adopted pursuant to subsection (1) of this section, the board shall consider the following factors:

      (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

      (b) Any prior violations of the statute or rule.

      (c) The economic or financial conditions of the person incurring the penalty.

      (d) The immediacy and extent to which the violation threatens the public health or safety.

      (3) A civil penalty imposed under ORS 675.336 may be remitted or reduced upon such terms or conditions as the board considers proper and consistent with the public health and safety. [1991 c.791 §3]

 

      675.340 Enforcement procedure. The district attorney shall prosecute all persons charged with violations of any of the provisions of ORS 675.210 to 675.340 and 675.990 (2). The director, under the direction of the Occupational Therapy Licensing Board, shall aid the district attorney in the enforcement of ORS 675.210 to 675.340 and 675.990 (2). [1977 c.858 §17; 2003 c.130 §5]

 

CLINICAL SOCIAL WORKERS

 

(Generally)

 

      675.510 Definitions for ORS 675.510 to 675.600. As used in ORS 675.510 to 675.600, unless the context requires otherwise:

      (1) “Board” means the State Board of Clinical Social Workers.

      (2) “Clinical social work” means the professional practice of applying principles and methods with individuals, couples, families, children and groups, which include, but are not restricted to:

      (a) Providing diagnostic, preventive and treatment services of a psychosocial nature pertaining to personality adjustment, behavior problems, interpersonal dysfunctioning or deinstitutionalization;

      (b) Developing a psychotherapeutic relationship to employ a series of problem solving techniques for the purpose of removing, modifying, or retarding disrupted patterns of behavior, and for promoting positive personality growth and development;

      (c) Counseling and the use of psychotherapeutic techniques, such as disciplined interviewing which is supportive, directive or insight oriented depending upon diagnosed problems, observation and feedback, systematic analysis, and recommendations;

      (d) Modifying internal and external conditions that affect a client’s behavior, emotions, thinking, or intrapersonal processes;

      (e) Explaining and interpreting the psychosocial dynamics of human behavior to facilitate problem solving; and

      (f) Supervising, administering or teaching clinical social work practice.

      (3) “Clinical social work associate” means a person who holds a master’s degree from an accredited college or university accredited by the Council on Social Work Education whose plan of practice and supervision has been approved by the board, and who is working toward licensure in accordance with ORS 675.510 to 675.600 and rules adopted by the board.

      (4) “Impaired clinical social worker” means a person unable to perform the practice of clinical social work by reason of mental illness, physical illness or alcohol or other drug abuse.

      (5) “Licensed clinical social worker” means a person licensed under the provisions of ORS 675.510 to 675.600 to practice clinical social work.

      (6) “Unprofessional conduct” includes, but is not limited to, any conduct or practice contrary to recognized standards of ethics of the social work profession or any conduct that constitutes or might constitute a danger to the health or safety of a client or the public or in any other manner fails or might fail to adhere to the recognized standards of the profession. [1977 c.677 §1; 1979 c.769 §1; 1989 c.721 §25; 1997 c.381 §1]

 

      675.520 Use of title prohibited without license. After July 1, 1990, no person shall use the title or purport to be a “licensed clinical social worker” or use any other title that includes those words unless the person is licensed in accordance with the provisions of ORS 675.510 to 675.600. [1977 c.677 §2; 1987 c.158 §138; 1989 c.721 §26]

 

(Licensing)

 

      675.530 License; qualifications. Upon application therefor accompanied by the fee established under ORS 675.571, the State Board of Clinical Social Workers shall issue a license to any applicant who furnishes evidence satisfactory to the board that the applicant:

      (1) Has completed all applicable provisions of ORS 675.510 to 675.600 and the applicable rules of the board;

      (2) Holds a master’s degree in social work from an accredited college or university accredited by the Council on Social Work Education;

      (3) Has completed the equivalent of two years of full-time experience in the field of clinical social work in accordance with rules of the board. The rules shall be developed after consultation with persons active in the field of clinical social work and may take into account experience which may be gained in the course of the study of social work;

      (4) Has satisfactorily completed the requirements for certificate of clinical social work associate; and

      (5) Has performed to the satisfaction of the board in the written examination prescribed by the board. [1977 c.677 §4; 1979 c.769 §3; 1989 c.721 §28; 1997 c.381 §2]

 

      675.535 Examination; rules. (1) The State Board of Clinical Social Workers shall adopt rules stating the subject on which an applicant may be examined, how the written examination is to be administered and the scoring or evaluation process used to determine whether an applicant has passed the examination. The board shall provide a copy of these rules to an applicant at least 30 days prior to any examination.

      (2) Examinations for applicants for licenses under ORS 675.510 to 675.600 shall be held not less frequently than once every year at such times and places as the board may determine. Timely and appropriate notice shall be sent to each applicant.

      (3) Upon written request to the board, any applicant may discuss the applicant’s performance on the examination with the board.

      (4) Any applicant who fails to attain a passing grade on the examination shall be allowed to take the examination a second time. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again. [1989 c.721 §31]

 

      675.537 Certificate of social work associate; requirements. Upon application therefor accompanied by the fee established under ORS 675.571, the State Board of Clinical Social Workers shall issue a certificate of clinical social work associate to any applicant who furnishes evidence satisfactory to the board that the applicant:

      (1) Has completed all applicable provisions of ORS 675.510 to 675.600 and the applicable rules of the board;

      (2) Holds a master’s degree in social work from an accredited college or university accredited by the Council on Social Work Education; and

      (3) Has developed a plan approved by the board for completion of practice and supervision requirements as defined by the rules of the board. [1989 c.721 §30; 1997 c.381 §3]

 

      675.540 Grounds for disciplinary action; authorized sanctions; investigation. (1) The State Board of Clinical Social Workers may impose any or all of the sanctions specified in subsection (2) of this section, upon proof, after a hearing pursuant to the provisions of ORS chapter 183 relating to a contested case, that a person:

      (a) Has been convicted in this or any other state of a crime that is a felony in this state;

      (b) Has been convicted of a felony in a federal court;