justicedao/ipfs_state_laws huggingface dataset:
830-060-0020 Death Care Consultant Scope of Practice, Records, Price List, General (1) A death care consultant may provide information or advice on matters related to funeral or final disposition arrangements including those matters subject to State or Federal regulatory requirements. (2) Death care consultants may not provide any direct physical assistance with, or supervision of, the handling of the remains unless the individual also holds the proper license or licenses under this chapter and ORS 692. (3) Death care consultants shall maintain legible permanent records of all transactions or contracts for services provided including, at a minimum, the following information: (a) The name, address and telephone number of the person acting as the funeral service practitioner (b) The name, address and telephone number of the person having the right to control final disposition of the remains pursuant to ORS 97.130 (c) The date or dates the consultation services are provided (d) The physical location or locations the consultation services are provided (4) Death care consultants shall maintain a general price list of all consultation services offered for sale. The death care consultant must give the general price list to any consumer, for their retention, before entering into discussions about consultation services. The general price list must contain, at a minimum, the following information: (a) The death care consultant’s name and, if applicable, their business name as registered with the Secretary of State Corporation Division (b) The effective date of the price list (c) The consultation services offered with their prices (d) On the first page of the price list, in prominent type, the death care consultant’s license number must be printed in the following format: “Oregon Mortuary and Cemetery Board License No. DC-_ _ _ _” (5) A death care consultant may practice under any lawful business title not otherwise protected by law, as long as they indicate proper licensure on the general price list. (6) Death care consultant permanent records and price lists shall be submitted to the Board upon request for inspection or investigation. Statutory/Other Authority: ORS 692.025, 692.143, 692.320, 692.160 & 692.170 Statutes/Other Implemented: ORS 692.160 History: MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10 MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
833-001-0000 Notice of Proposed Rulemaking Prior to the adoption, amendment, or repeal of any rule, the Board of Licensed Professional Counselors and Therapists must: (1) Publish notice of the adoption, amendment, or repeal in the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. (2) Deliver by electronic or postal mail such notice to persons on the Board of Licensed Professional Counselors and Therapists mailing list established pursuant to ORS 183.335(1)(c), and deliver by electronic mail to the legislators specified in 183.335(1)(d) at least 49 days before the effective date of the rule. (3) Deliver by electronic mail such notice to the following: (a) United Press International and Associated Press; (b) Oregon Counseling Association; (c) Oregon Chapter of the American Association of Marriage and Family Therapists; and (d) Oregon college and university departments offering graduate degrees in counseling and marriage and family therapy. Statutory/Other Authority: ORS 675.785 Statutes/Other Implemented: ORS 183.341 History: BLPCT 3-2016, f. & cert. ef. 8-8-16 BLPCT 1-2010, f. & cert. ef. 1-5-10 LPCT 1-1998, f. 1-2-98, cert. ef. 1-5-98 LPCT 1-1994, f. 12-30-94, cert. ef. 1-1-95 LPCT 2-1992, f. 11-30-92, cert. ef. 12-1-92 LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90 LPCT 1-1990(Temp), f. & cert. ef. 3-6-90
833-001-0005 Model Rules of Procedure The Board adopts the Attorney General's Model Rules of Procedure, OAR Chapter 137, Divisions 1 through 5, as its rules of procedure under the Administrative Procedures Act. Statutory/Other Authority: ORS 675.785, ORS 36.224, ORS 183.341 & ORS 183.502 Statutes/Other Implemented: ORS 183.341 History: BLPCT 2-2022, amend filed 02/07/2022, effective 02/07/2022 BLPCT 1-2010, f. & cert. ef. 1-5-10 BLPCT 2-2001, f. 9-19-01, cert. ef. 10-1-01 LPCT 1-1998, f. 1-2-98, cert. ef. 1-5-98 LPCT 1-1994, f. 12-30-94, cert. ef. 1-1-95 LPCT 2-1992, f. 11-30-92, cert. ef. 12-1-92 LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90 LPCT 1-1990(Temp), f. & cert. ef. 3-6-90
833-001-0010 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases In addition to the requirements stated in OAR 137-003-0000 of the Attorney General's Model Rules of Procedure adopted by 833-001-0005, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of 833-001-0015 with the notice. Statutory/Other Authority: ORS 675 Statutes/Other Implemented: ORS 183 History: BLPCT 1-2010, f. & cert. ef. 1-5-10 LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90 LPCT 1-1990(Temp), f. & cert. ef. 3-6-90
833-001-0015 Hearing Request and Answers; Consequences of Failure to Answer (1) A hearing request must be made in writing to the Board by the party or the party's attorney within 21 calendar days after the date the notice was issued. (2) If an answer is required, it must be made in writing to the Board by the party or the party's attorney within 21 calendar days after the date the notice was issued and must include the following: (a) An admission or denial of each factual matter alleged in the notice; (b) A short and plain statement of each relevant affirmative defense the party may have. (3) Except for good cause: (a) Factual matters alleged in the notice and not denied in the answer will be presumed admitted; (b) Failure to raise a particular defense in the answer will be considered a waiver of such defense; (c) New matters alleged in the answer (affirmative defenses) will be presumed to be denied by the agency; and (d) Evidence will not be taken on any issue not raised in the notice and the answer. (4) Contested case hearings are closed to the public. (5) The Board’s disciplinary and suspension cases brought under ORS 675.745 are exempt from the requirements of OAR 137-003-0655(7), which requires an agency to give written notice to the administrative law judge and all parties of the date by which the agency expects to issue an amended proposed order or a final order if the agency will not issue an amended proposed order or final order within 90 days of the proposed order. Due to the complexity of Board cases and the infrequency of regularly scheduled Board meetings, 90 days is an insufficient time for the Board to issue an amended proposed order or a final order. Statutory/Other Authority: ORS 675.745, ORS 183.413 & ORS 183.417 Statutes/Other Implemented: ORS 675.745, ORS 183.413 & ORS 183.417 History: BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020 BLPCT 3-2016, f. & cert. ef. 8-8-16 BLPCT 1-2010, f. & cert. ef. 1-5-10 LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90 LPCT 1-1990(Temp), f. & cert. ef. 3-6-90
833-001-0020 Obtaining Information (1) The Board will provide the following information to members of the public in response to in-person or telephone inquiries regarding a particular applicant, registered associate, or licensee: name, license/registration number, date licensed/registered, if license/registration is active or expired, business address and telephone number, summary of education and experience, and if there are or have been any disciplinary actions proposed by the Board plus the status, disposition, or resolution of the proposed disciplinary actions, unless otherwise subject to or prohibited by law, statute, rule or regulation. (2) Requests for any information other than that listed in section (1) of this rule, including written verifications of licensure, may be required to be in writing, and may require payment for copies of documents. (3) Pursuant to ORS 676.175, information regarding complaints against or information obtained through investigations into the conduct of licensees, non-licensed individuals, or applicants for licensure will not be disclosed. Statutory/Other Authority: ORS 675.785 Statutes/Other Implemented: ORS 192 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 1-2010, f. & cert. ef. 1-5-10 BLPCT 2-2001, f. 9-19-01, cert. ef. 10-1-01 LPCT 1-1998, f. 1-2-98, cert. ef. 1-5-98 LPCT 2-1992, f. 11-30-92, cert. ef. 12-1-92 LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90 LPCT 1-1990(Temp), f. & cert. ef. 3-6-90
833-001-0030 Board Member Compensation (1) Board members shall receive compensation that is equal to the per diem paid to members of the Legislative Assembly under ORS 171.072(9) for each day or portion thereof where the member is engaged in the performance of official duties, which includes Board and committee meetings and activities that the Board or Executive Director has pre-approved or requested. (2) Compensation provided under Section (1) shall be in addition to the allowable reimbursement for travel or other expenses. (3) Board members may decline to accept compensation or reimbursement of expenses. Statutory/Other Authority: ORS 675.715 - 675.835 & ORS 292.495 Statutes/Other Implemented: ORS 292.495, ORS 171.072 & ORS 675.775(4) History: BLPCT 2-2025, adopt filed 06/10/2025, effective 06/10/2025
833-020-0021 Methods of Application (1) Applications for licensure must indicate one of the following: (a) Associate registration method pursuant to OAR 833 Division 50; (b) Direct method pursuant to OAR 833-020-0041; (c) Reciprocity method pursuant to OAR 833-020-0051; (d) Re-licensure method pursuant to OAR 833-020-0061; or (e) Servicemember portability method pursuant to OAR 833-020-0202. (2) Applicants may request permission to change their method of application or license requested without re-application if they do so within the one year allowed to complete their application. Statutory/Other Authority: ORS 675.785 - 675.835 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 & 50 USC § 4025a History: BLPCT 5-2025, amend filed 08/06/2025, effective 08/06/2025 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 1-2012, f. 4-23-12, cert. ef. 5-15-12 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0041 Direct Method (1) The direct method is required for applicants who seek acceptance of supervised clinical experience completed in another jurisdiction or in Oregon before June 30, 2002. (2) The direct method requires the applicant to document no less than the total minimum number of supervised clinical experience hours required for licensure, all of which must have been completed prior to the date of application for licensure. (3) Applicants seeking licensure as a professional counselor must meet the requirements specified in OAR 833, division 30. (4) Applicants seeking licensure as a marriage and family therapist must meet the requirements specified in OAR 833, division 40. 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 3-2010, f. 4-30-10, cert. ef. 5-3-10 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0051 Reciprocity Method (1) The reciprocity method requires applicants to document that they obtained a comparable license in another state in which the requirements are equivalent to the standards required for Oregon licensure as a professional counselor or as a marriage and family therapist. (2) Applicants for licensure by reciprocity must possess a current, active license to practice professional counseling or marriage and family therapy issued by another state credentialing entity. (3) Application for licensure must be submitted to the Board office in accordance with OAR 833-020-0011. (4) The application must also include an official verification of each healthcare professional license, registration or certification held, current or expired. (5) To be considered equivalent, the applicant’s license in the state upon which reciprocity is based must have: (a) Required at least a graduate degree in counseling, a graduate degree in marriage and family therapy, or a related degree; and (b) Been issued to an applicant whose qualifying degree meets the educational requirements specified in: (A) OAR 833-030-0011 for licensure as a professional counselor; or (B) OAR 833-040-0011 for licensure as a marriage and family therapist. (6) The applicant must meet the supervised clinical experience requirements specified in: (a) OAR 833-030-0021 for licensure as a professional counselor; or (b) OAR 833-040-0021 for licensure as a marriage and family therapist. (7) The applicant must meet the examination requirements specified in: (a) OAR 833-020-0081 and 833-030-0041 for licensure as a professional counselor; or (b) OAR 833-020-0081 and 833-040-0041 for licensure as a marriage and family therapist. (8) Primary source verification is required for application materials. Transcripts, competency examination verification, and supervised clinical experience documentation required in Sections (5) to (7) above is considered primary source verified when received by the Board directly from the following sources: (a) Supervisor Reference Form from the supervisor (or successor or representative of the employer at which the supervision took place); (b) Transcript from the degree-granting institution; (c) File copy from the other jurisdiction(s) in which the applicant is licensed. Statutory/Other Authority: ORS 675.715 - 675.835 Statutes/Other Implemented: ORS 675.715 - 675.835 History: BLPCT 3-2024, amend filed 04/10/2024, effective 04/10/2024 BLPCT 4-2016, f. & cert. ef. 10-10-16 BLPCT 1-2014, f. & cert. ef. 1-8-14 BLPCT 1-2013, f. 1-11-13, cert. ef. 2-1-13 BLPCT 1-2011, f. 1-13-11, cert. ef. 2-1-11 BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0061 Re-Licensure Method (1) The re-licensure method is required for applicants who were previously licensed by the Board within the last two years of their new application submission. The re-licensure method requires the applicant, as a previous Board licensee, to request a new license with a new license number, but without documenting further supervised clinical experience. (2) To be considered for re-licensure, all of the following items must be received: (a) An application for re-licensure, in a form and manner prescribed by the Board, which must include complete and truthful responses to all of the questions regarding character and fitness, the applicant’s current information and status, and any other information requested by the Board. (b) The current application fee plus one current renewal fee; (c) Report of at least the minimum continuing education activities required in OAR Chapter 833, Division 80 completed within two years prior to the date the Board will issue the new license; and (d) Disclosure as to whether the applicant has engaged in the unlicensed practice of professional counseling or marriage and family and therapy during the period since their previous license expired. (3) To be considered for licensure more than two years after the expiration date of the prior license, an applicant must request a new license with a new license number by reapplying for licensure using the method of application that applies to their current situation under OAR 833-020-0021. (4) All applicants for re-licensure must successfully pass the current Oregon law and rules examination. Statutory/Other Authority: ORS 675.785 - 675.835 & 676.160 - 676.180 Statutes/Other Implemented: ORS 675.785 - 675.835 History: BLPCT 5-2024, amend filed 06/07/2024, effective 06/07/2024 BLPCT 1-2024, amend filed 01/01/2024, effective 01/01/2024 BLPCT 4-2023, amend filed 08/08/2023, effective 08/08/2023 BLPCT 2-2021, amend filed 08/10/2021, effective 08/10/2021 BLPCT 4-2016, f. & cert. ef. 10-10-16 BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0071 Reapplication (1) Former applicants who reapply for licensure must submit a new, fully completed application form and application fee to the Board. (2) Applicants may request to transfer previously filed documents to the new application file if the documents have not been destroyed under state records retention schedules and are still in the possession of the Board. Such documents include, but are not limited to, documentation of supervised work experience, examination results, and transcripts. 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
833-020-0081 Examination (1) All applicants must pass a competency exam and an Oregon law and rules exam approved by the Board. (2) Applicants who have passed the competency exam within 10 years prior to applying for licensure are not required to retake the exam. (3) Applicants applying by the reciprocity method who have passed the competency exam 10 years or more prior to applying for licensure in Oregon must: (a) Retake the exam; or (b) Document completion of continuing education activities which at minimum meet the requirements described in OAR chapter 833, division 80 within the 24-month period prior to application or initial licensure. (4) In lieu of exam verification, applicants applying by the reciprocity method who have maintained a comparable license in another jurisdiction for at least two years may complete continuing education in accordance with section (3)(b) of this rule to satisfy the competency exam requirement. (5) Failure to achieve a passing score on the competency examination after taking the exam three times will result in denial of the application for licensure, and if applicable, termination of associate registration. (6) The Board will not review a reapplication until at least one year has elapsed from the date of the previous denial. For former registered associates, the Board will only approve a subsequent reapplication under the direct or reciprocity method. (7) Special Accommodations. Requests for special accommodations for a disability or for English as a second language must be made at the time the written request to sit for the examination is made, or when the disability becomes known to the applicant. The request must include: (a) Disability. Written verification of the disability from a qualified care provider (i.e. a person certified or licensed by the state to provide such services) detailing: (A) Nature, extent, and duration of disability; and (B) Recommendation(s) for accommodation. (b) English as a Second Language. Written request for reasonable accommodation detailing: (A) Level of proficiency in English including, but not limited to, number of years speaking and/or writing English; (B) History of special accommodations granted in similar testing circumstances; (C) Other information to support request for special accommodation; and (D) Recommendation(s) for accommodation. Statutory/Other Authority: ORS 675.785 - 675.835 & 676.160 - 676.180 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 4-2021, 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 8-2020, amend filed 10/02/2020, effective 10/02/2020 BLPCT 7-2017, f. & cert. ef. 8-15-17 BLPCT 1-2017, f. 6-9-17, cert. ef. 6-10-17 BLPCT 4-2016, f. & cert. ef. 10-10-16 BLPCT 1-2013, f. 1-11-13, cert. ef. 2-1-13 BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11 BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0102 Limited Permit (1) The Board may grant a non-renewable limited permit to practice professional counseling or marriage and family therapy in the State of Oregon as follows: (a) A professional counselor limited permit may be issued to applicants that possess a current, active license to practice professional counseling in good standing in another state based on a graduate degree. (b) A marriage and family therapist limited permit may be issued to applicants that possess a current, active license practice marriage and family therapy in good standing in another state based on a graduate degree. (2) A limited permit is for individuals to provide professional counseling or marriage and family therapy services only for a limited specific purpose and time-specific period. It is not intended to be a substitute for or to allow unlimited, general provision of services in Oregon. (3) To qualify for a limited permit, an applicant must submit to the Board: (a) An application for a limited permit in a form and manner prescribed by the Board; (b) Verification of licensure in good standing in another state; (c) A statement certifying that the applicant has read and understands Oregon law and administrative rule pertaining to the practice of professional counseling or marriage and family therapy and the Board’s adopted code of professional conduct; (d) A statement of work that includes the limited purpose, location, and specific dates of service to be rendered; (e) Other clarifying information requested by the Board; and (f) The limited permit fee. This fee is not refundable, regardless of an applicant’s inability to qualify for a permit. (4) A limited permit issued by the Board: (a) Is effective for no more than 30 days in a 12-month period. The 30 days may be nonconsecutive. (b) Expires if the person is no longer actively licensed to practice professional counseling or marriage and family therapy in another state. Statutory/Other Authority: ORS 675.785 - 675.835 Statutes/Other Implemented: House Bill 3300 (2023) History: BLPCT 5-2023, adopt filed 10/09/2023, effective 01/01/2024