justicedao/ipfs_state_laws huggingface dataset:
833-080-0061 Continuing Education Audit and Penalties (1) The Board will conduct an audit of the records of randomly selected licensees to verify actual participation, completion, and compliance with standards for content and providers of approved continuing professional education. Failure to maintain or document actual completion of continuing professional education activities claimed, failure to make such records available to the Board for inspection, or falsification of reports may result in disciplinary action by the Board. Audited licensees hold the burden of proof of mailing. (2) A licensee selected for the continuing education audit whose hours are deficient, including a licensee’s failure to submit complete documentation, is subject to disciplinary action, to include but not limited to the following sanctions: (a) Persons successfully documenting 31-39 hours -- $250; (b) Persons successfully documenting 21-30 hours -- $500; (c) Persons successfully documenting 11-20 hours -- $750; (d) Persons successfully documenting 10 or fewer hours -- $1,000. (3) The civil penalty may not be paid in lieu of training. (4) Failure to document required hours, or certifying programs or supervision not meeting approval requirements will result in non-renewal or, in the case of discovery after renewal, possible suspension of license. Statutory/Other Authority: ORS 675.785 - 675.835 & 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 4-2016, f. & cert. ef. 10-10-16 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-100-0011 General Purpose and Scope (1) The Board adopts the 2014 American Counseling Association (ACA) Code of Ethics as the code of professional conduct. (2) The ACA code constitutes the standards against which the required professional conduct of professional counselors and marriage and family therapists is measured. It has as its goal the welfare and protection of the individuals and groups with whom counselors and therapists work. This Code applies to the conduct of all licensees, registered associates , persons granted a limited permit or temporary practice authorization, and applicants, including the applicant’s conduct during the period of education, training, and employment which is required for licensure. Violation of the provisions of this Code of Ethics will be considered unprofessional or unethical conduct and is sufficient reason for disciplinary action, including, but not limited to, denial of licensure or authorization. Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 5-2023, amend filed 10/09/2023, effective 01/01/2024 BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020 BLPCT 1-2018, temporary amend filed 04/13/2018, effective 04/13/2018 through 06/30/2018 BLPCT 8-2017, temporary amend filed 12/13/2017, effective 01/01/2018 through 06/29/2018 BLPCT 3-2017, f. 6-12-17, cert. ef. 1-1-18 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-100-0012 Preamble Licensees, registered associates , persons granted a limited permit or temporary practice authorization, and applicants must: (1) Accept the obligation to conform to higher standards of conduct in the capacity of a counseling professional. The private conduct of a practitioner is a personal matter to the degree that it does not compromise the fulfillment of professional responsibilities. (2) Respect the traditions of the profession, and refrain from any conduct that would bring discredit to the profession. (3) Correct, wherever possible, false, misleading, or inaccurate information and representations made by others concerning the person's qualifications, services, or products. Advertisements must not be false, fraudulent, or misleading to the public. Testimonials from current clients are not solicited for advertising or other purposes due to the client’s vulnerability to undue influence. (4) Not engage in any conduct likely to deceive or defraud the public or the Board, or participate in, condone, or become associated with dishonesty, fraud, deceit, or misrepresentation. Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 5-2023, amend filed 10/09/2023, effective 01/01/2024 BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020 BLPCT 3-2017, f. 6-12-17, cert. ef. 1-1-18
833-100-0021 Responsibility Licensees, registered associates , persons granted a limited permit or temporary practice authorization, and applicants must: (1) Abide by the Code of Ethics and all applicable statutes and administrative rules regulating the practice of counseling or therapy or any other applicable laws, including, but not limited to, the reporting of abuse of children or vulnerable adults. (2) Report to the Board within 30 days any civil lawsuit brought against the person that relates in any way to the licensee, registered associate, temporary practitioner, or applicant’s professional conduct and notifies the Board of any disciplinary action or loss of a mental health professional or state license, certification, or registration. (3) File a complaint with the Board within 10 days when the person has reason to believe that another licensee, registered associate, permitted or temporary practitioner, or applicant is or has been engaged in conduct that violates law or rules adopted by the Board. This requirement to file a complaint does not apply when the belief is based on information obtained in the course of a professional relationship with a client who is the other counselor or therapist. In that case, the client-therapist confidentiality supersedes the person’s requirement to report the other therapist. However, this does not relieve a person from the duty to file any reports required by law concerning abuse of children or vulnerable adults. (4) Not initiate, participate in, or encourage the filing of ethics complaints that are unwarranted or intended to harm a counselor/therapist rather than to protect clients or the public. Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 5-2023, amend filed 10/09/2023, effective 01/01/2024 BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020 BLPCT 3-2017, f. 6-12-17, cert. ef. 1-1-18 BLPCT 2-2014, f. & cert. ef. 6-11-14 BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-110-0021 Complaint Disposition (1) Following review of the investigation report, the Board may: (a) Dismiss the complaint; (b) Continue the investigation; (c) Issue a notice of proposed action; (d) Propose non-disciplinary action; or (e) Negotiate a stipulated agreement in lieu of hearing, default, or disciplinary action. (2) Board discussions will be held in executive session, closed to the public. Decisions as to action will be voted upon during a public meeting, but case numbers will be used. Decisions to propose enforcement action will be made known to the public if adopted by a majority vote of the Board. A notice of intent to propose enforcement action with opportunity for hearing will be issued by the Board Administrator and served upon the applicant or licensee, and may be provided to the complainant. Statutory/Other Authority: ORS 675.785 - 675.835 & 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 3-2016, f. & cert. ef. 8-8-16 BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-110-0031 Statements to the Board (1) Licensees, registered associates , temporary practitioners, and applicants must not make omissions or false, misleading or deceptive statements on any correspondence or form submitted to the Board. (2) Licensure, limited permit, or temporary practice authorization applicants and renewing licensees and registered associates must respond completely and truthfully to all of the Board’s character and fitness questions. Failure to disclose an arrest or conviction is a violation of ORS 675.825(1)(a) and may result in disciplinary action by the Board. Statutory/Other Authority: ORS 675.705 – 675.835 Statutes/Other Implemented: ORS 675.745, ORS 675.785 & ORS 675.825 History: BLPCT 5-2023, amend filed 10/09/2023, effective 01/01/2024 BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020 BLPCT 3-2018, amend filed 08/13/2018, effective 08/13/2018 BLPCT 6-2017, f. & cert. ef. 8-15-17
833-110-0041 Compliance with the Governor’s Executive Orders during a Governor declared emergency. (1) During a Governor declared emergency, gross negligence includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule. (2) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Engaging in the practice of a profession required by an Executive Order to be closed; (b) Operating a business required by an Executive Order to be closed; (c) Failing to comply with the requirements of Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to: (A) Failing to screen clients in accordance with OHA guidance prior to providing services; (B) Failing to limit the number of individuals inside the premises or implement other protocols necessary to maintain physical distancing of six (6) feet; (C) Failing to implement OHA guidance on mask and face coverings; and (D) Failing to clean and disinfect in accordance with OHA guidance. (d) Failing to comply with any requirements of a Board of Licensed Professional Counselors and Therapists guidance implementing an Executive Order. (3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation. (4) The Board may impose sanctions for violations of this rule in accordance with ORS 675.745. Note: Copies of the Governor’s Executive Orders are available at: https://www.oregon.gov/gov/admin/Pages/executive-orders.aspx Copies of Oregon Health Authority Guidance are available at: https://govstatus.egov.com/OR-OHA-COVID-19 Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.745, ORS 675.785 & EO 20-03 History: BLPCT 1-2021, adopt filed 04/16/2021, effective 04/16/2021 BLPCT 6-2020, temporary adopt filed 10/02/2020, effective 10/02/2020 through 03/30/2021
833-110-0042 Compliance with the Oregon Health Authority’s COVID-19 Requirements (1) The Oregon Health Authority (OHA) has adopted certain rules to control the communicable disease COVID-19. Gross negligence includes failing to comply with any applicable provision of an OHA COVID-19-related rule or any provision of this rule. (2) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Failing to comply with OHA’s rules requiring masks, face coverings or face shields, including OAR 333-019-1011, OAR 333-019-1015, and OAR 333-019-1025, if applicable; and (b) Failing to comply with OHA’s rules requiring vaccinations, including OAR 333-019-1010 and OAR 333-019-1030. (3) No disciplinary action or penalty action shall be taken under this rule if the rule alleged to have been violated is not in effect at the time of the alleged violation. (4) The Board may impose sanctions for violations of this rule in accordance with ORS 675.745. Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.745 & ORS 675.785 History: BLPCT 2-2022, adopt filed 02/07/2022, effective 02/07/2022
833-110-0051 Registered Health Care Interpreters Licensees, registered associates, and individuals granted a temporary practice authorization must comply with the provisions of ORS 413.559 and OAR 950-050-0010 related to working with health care interpreters. Statutory/Other Authority: ORS 413.559 Statutes/Other Implemented: ORS 413.559 History: BLPCT 3-2023, minor correction filed 04/24/2023, effective 04/24/2023 BLPCT 5-2022, adopt filed 08/08/2022, effective 08/08/2022
833-110-0061 Access to Mental Health Assessment, Treatment, or Services Licensees, registered associates, and temporary practitioners may not deny any individual access to mental health assessment, treatment or services on the basis that the individual also has an intellectual or developmental disability. Statutory/Other Authority: ORS 675.705 - 675.835, 2024 Or Laws ch 96, § 5 & 2025 Or Laws ch 313 Statutes/Other Implemented: 2024 Or Laws ch 96, § 5 & 2025 Or Laws ch 313 History: BLPCT 4-2025, adopt filed 08/06/2025, effective 08/06/2025
833-110-0071 Practice in Oregon (1) A person engages in professional counseling or marriage and family therapy in Oregon if, at the time the services are provided, the client, patient, consultee, supervisee, research subject, or any other individual or group receiving those services is located in Oregon. (2) A person purports to be engaged in the practice of professional counseling or marriage and family therapy within the meaning of ORS 675.825(1)(a) or (b), respectively, under the title of “licensed professional counselor” or “marriage and family therapist” when the person makes such representations to an individual located in Oregon, regardless of whether that representation is targeted to the individual or made generally. Statutory/Other Authority: ORS 675.785(1) Statutes/Other Implemented: ORS 675.745, ORS 675.825 & ORS 675.835 History: BLPCT 7-2025, adopt filed 10/27/2025, effective 10/27/2025
833-110-0081 Schedule of Violations Pursuant to 2025 Or Laws ch. 373, the following schedule of violations applies to penalties imposed by the Board on licensees or registered associates. (1) “Greater or similar violation” means a violation for which the Board imposes suspension, revocation, or refusal to renew on an existing license or registration. (2) “Lesser or similar violation” means any violation under ORS 675.745 that is not a “greater or similar violation” or a “permanent denial of a license.” (3) “Licensee or registered associate,” for purposes of this rule, means a person who was licensed by or registered with the Board within two years prior to the conduct which formed the basis for the violation or denial. (4) “Permanent denial of a license” means the denial of a licensure application that includes a term that disallows the person from ever reapplying for licensure with the Board Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: 2025 Or Laws ch. 373 History: BLPCT 9-2025, adopt filed 12/18/2025, effective 01/01/2026
833-120-0011 Purpose and Scope (1) The purpose of these rules is to provide for the screening under ORS 181A.195 of licensees, registered associates, and applicants for licensure with the Oregon Board of Licensed Professional Counselors and Therapists to determine if they have a history of criminal behavior such that they would be unable to, or should not be allowed to, perform the services of a Licensed Professional Counselor or Licensed Marriage and Family Therapist. (2) The following persons (“subject individuals”) must take the steps necessary to complete a nationwide criminal history check under ORS 181A.195: (a) All applicants for licensure to the Board in accordance with OAR 833 Division 20; and (b) A licensee or registered associate who is the subject of inquiry or investigation by the Board. Statutory/Other Authority: ORS 675.785 - 675.835 & 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 3-2016, f. & cert. ef. 8-8-16 BLPCT 1-2016, f. & cert. ef. 4-1-16 BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11 Reverted to BLPCT 1-2010, f. & cert. ef. 1-5-10 BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-120-0021 Procedural Requirements (1) To complete a criminal history check, the Board will require each subject individual to: (a) Provide fingerprints pursuant to ORS 181A.170 (additional fingerprints may be required if the initial fingerprints are rejected); (b) Provide personal information necessary to obtain the criminal history check pursuant to OAR 125-007-0220; and (c) Pay to the Board the actual costs charged by the Oregon State Police (OSP) and the Federal Bureau of Investigation (FBI). (2) The Board may also request, and the applicant, licensee, or registered associate must provide, the following information: (a) Responses to a criminal history questionnaire; and (b) Written response to questions by the Board regarding the person’s criminal history. (3) The Board will make a final fitness determination based on criminal offender information and other factors, pursuant to ORS 181A.195(10)(c) and OAR 125-007-0260 to 125-007-0270. (4) A subject individual may contest an adverse final fitness determination pursuant to OAR 125-007-0300. (5) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the Board will deny the licensure application or revoke the license. Statutory/Other Authority: ORS 675.785 - 675.835, 676.160 - 676.180 & ORS 181A.195 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 4-2023, amend filed 08/08/2023, effective 08/08/2023 BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 3-2016, f. & cert. ef. 8-8-16 BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11 Reverted to BLPCT 1-2010, f. & cert. ef. 1-5-10 BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-120-0041 Record Keeping and Confidentiality (1) Criminal offender information is confidential under ORS 181A.195(11) and 676.175 and OAR 125-007-0310, and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information, including: (a) The subject of a fingerprint-based criminal history check may be provided a copy of the results, if requested in writing prior to the completion of the criminal history check process; and (b) Criminal history information may be used as exhibits during a contested case hearing process. (2) Information obtained directly from the Law Enforcement Data System will be managed by the Board in accordance with applicable OSP requirements. (3) Fingerprint cards, if returned to the Board by OSP or the FBI, will be destroyed. No copies, facsimiles, or other materials from which the fingerprints could be reproduced will be maintained by the Board. (4) Challenges to the accuracy or completeness of criminal background information must be made to the reporting agency and not to the Board. (5) A person against whom disciplinary action is taken by the Board on the basis of information obtained as the result of a criminal records check conducted pursuant to this rule is entitled to notice and hearing in accordance with the provisions for contested cases in ORS Chapter 183. Statutory/Other Authority: ORS 675.785 - 675.835 & 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 3-2016, f. & cert. ef. 8-8-16 BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11 Reverted to BLPCT 1-2010, f. & cert. ef. 1-5-10 BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-130-0010 Registry Established (1) Effective September 1, 2010, the Board will establish a Supervisor Registry that consists of licensed professional counselors and licensed marriage and family therapists. (2) The Board may approve placement of a licensee on the Supervisor Registry if the licensee is a Supervisor Candidate or an Approved Supervisor. (3) Registered associates pursuing licensure will be encouraged to find qualified supervisors from the registry. Statutory/Other Authority: ORS 675.705 - 675.835 Statutes/Other Implemented: ORS 675.705 - 675.835 History: BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 5-2010, f. 6-15-10, cert. ef. 7-1-10
833-130-0020 Placement on Supervisor Registry (1) To be placed on the Supervisor Registry, an active licensee must submit a request on forms provided by the Board. (2) Licensees on inactive status will be denied or removed from placement. (3) Licensees may request in writing to be removed from the registry. Statutory/Other Authority: ORS 675.705 - 675.835 Statutes/Other Implemented: ORS 675.705 - 675.835 History: BLPCT 4-2016, f. & cert. ef. 10-10-16 BLPCT 5-2010, f. 6-15-10, cert. ef. 7-1-10
833-130-0040 Supervisor Candidates (1) Supervisor Candidates must work toward meeting the requirements of an Approved Supervisor. (2) To qualify as a Supervisor Candidate, a licensee must meet the following requirements: (a) Hold an active Oregon license as a professional counselor or as a marriage and family therapist; (b) Complete 30 clock hours of post-master’s degree supervision training; (c) Successfully pass the Board’s law and rules exam; and (d) For supervisors of marriage and family therapist associates only: supervision training that includes systems components. Statutory/Other Authority: ORS 675.705 - 675.835 Statutes/Other Implemented: ORS 675.705 - 675.835 History: BLPCT 4-2023, amend filed 08/08/2023, effective 08/08/2023 BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021 BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022 BLPCT 4-2016, f. & cert. ef. 10-10-16 BLPCT 5-2010, f. 6-15-10, cert. ef. 7-1-10