justicedao/ipfs_state_laws huggingface dataset:
858-020-0035 Form of Complaints (1) If the complaint is first made in verbal form, is tentative, or undocumented, the Board may require a statement in writing, accompanied by documentation and/or submission of a complaint form. The Board will advise a complainant about the nature and form of documentation required. (2) The Board may initiate an investigation on its own action. (3) If the complainant is a client or former client of the respondent, the complainant must sign a waiver of confidentiality allowing the Board and its legal counsel access to records and other materials that are the ethical and legal responsibility of the respondent. Refusal by a complainant to comply with this requirement may result in dismissal of the complaint. (4) If a Board member becomes a complainant or a respondent, the same procedures will apply as in any other case. The Board member will abstain from any participation in discussion and deliberations of the Board regarding the complaint. Statutory/Other Authority: ORS 675.020 & 675.110 Statutes/Other Implemented: ORS 675.110 History: OBP 3-2023, amend filed 09/11/2023, effective 09/11/2023 BPE 3-2013, f. & cert. ef. 9-30-13 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 2-1999, f. & cert. ef. 7-6-99
858-020-0055 Investigator’s Report to the Board (1) When the investigation is complete, the investigator will make an investigation report to the Board, in accordance with the timeline and procedures outlined in ORS 183.310 to 183.500 and 676.160 to 676.180, and shall clearly set forth the issues on which the Board should consider possible action. (2) The Board shall consider the investigator's report and the standards for disciplinary actions under its statutes and OAR 858-010-0075. The Board may: (a) Dismiss the complaint; (b) Continue the investigation; or (c) Commence procedures for imposing sanctions. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110 History: BPE 2-2017, f. & cert. ef. 3-20-17 BPE 3-2013, f. & cert. ef. 9-30-13 Reverted to BPE 1-2010, f. & cert. ef. 1-8-10 BPE 4-2012(Temp), f. & cert. ef. 10-18-12 thru 4-16-13 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 2-2004, f. & cert. ef. 8-30-04 BPE 2-1999, f. & cert. ef. 7-6-99
858-020-0075 Contested Case Hearings (1) When the Board institutes disciplinary actions, notice of proposed actions must be served on the respondent(s) or the respondent's legal counsel by certified mail, return receipt. (2) The notice shall comply with ORS 183.411 to 183.497, and shall state that the respondent has the right to request a contested case hearing by filing an answer to the notice of disciplinary action and written request for hearing within 30 days of the mailing of the notice. (3) Failure to request a hearing within 30 days of the mailing of the notice of disciplinary action shall be deemed a default and a final order shall be issued by the Board. (4) A contested case hearing will be conducted by an impartial administrative law judge who has not been involved in the initial investigation of the complaint, in accordance with ORS 183.310-183.550 and the Board's Notice of Rights and Procedures. (5) Only the Board may order testimony be taken by deposition. (6) All hearings shall be conducted in Salem, Oregon, unless a different location is stipulated to by all parties and approved by the Board. (7) Contested case hearings are closed to the public. (8) The Board’s disciplinary and suspension cases brought under ORS 675.070 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 183.425(2), ORS 675.110 & ORS 183.425(1) Statutes/Other Implemented: ORS 183.425(2), ORS 675.110 & ORS 183.425(1) History: OBP 1-2019, amend filed 11/19/2019, effective 01/01/2020 BPE 4-2016, f. & cert. ef. 5-23-16 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-1999, f. & cert. ef. 7-6-99
858-020-0085 Board Records If the Board determines to take disciplinary action in accordance with ORS 675.070 to restrict, suspend, or revoke a license, notice to this effect will be published in a Board publication and published on the Board’s website. Final disciplinary actions will also be reported to the National Practitioner Databank and the Association of State and Provincial Psychology Boards’ Disciplinary Databank. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110 History: BPE 3-2013, f. & cert. ef. 9-30-13 BPE 2-2011, f. & cert. ef. 5-31-11 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 2-2004, f. & cert. ef. 8-30-04 BPE 2-1999, f. & cert. ef. 7-6-99
858-020-0105 Board’s Responsibility to the Public The Board may inform the public and the profession as to the ethics and nature of psychological activities, including the licensure law, what may constitute violations of the law, and how inquiry about possible violations or complaints may appropriately be made. The Board will refrain from any statement or action which might be construed as an official opinion or legal advice. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110 History: OBP 3-2023, amend filed 09/11/2023, effective 09/11/2023 BPE 3-2013, f. & cert. ef. 9-30-13 BPE 2-1999, f. & cert. ef. 7-6-99
858-020-0115 Compliance with Governor’s Executive Orders (1) During a Governor declared emergency, unprofessional conduct 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 Psychology 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 675.070. 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 675.070, ORS 675.085 & ORS 675.110 Statutes/Other Implemented: EO 20-03 History: OBP 3-2021, adopt filed 05/17/2021, effective 05/17/2021 OBP 6-2020, temporary adopt filed 11/20/2020, effective 11/20/2020 through 05/18/2021
858-020-0116 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. Unprofessional conduct 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 675.070. Statutory/Other Authority: ORS 675.010 – 675.150 & ORS 676.160 - 676.180 Statutes/Other Implemented: ORS 675.070, ORS 675.085 & ORS 675.110 History: OBP 3-2022, adopt filed 03/14/2022, effective 03/14/2022
858-030-0005 Fees (1) License application: $325 (2) Jurisprudence Examination: $155 (3) License Fees (a) Biennial license renewal fee, active psychologist and psychologist associate: $600. (b) Biennial license renewal, semi-active psychologist and psychologist associate: $300. (c) Biennial license renewal fee, inactive psychologist and psychologist associate: $90. (d) The Board shall renew licenses on a biennial birth month renewal schedule. (e) The Board shall impose a delinquency fee of $210 for licenses renewed within thirty days after the stated due date. (f) The Board shall have discretion to waive the delinquency fee in documented hardship cases. (4) Limited Permit: $120 (5) Temporary Practice Authorization: $700 (6) Petition for Licensure Predetermination: $125 (7) Miscellaneous Fees. Most materials and information are available through the Board website at www.oregon.gov/psychology or may be purchased in accordance with ORS 192.324. (a) Certified verification of licensure: $5 (b) Certified transfer of application information: $20 (c) Student loan deferment letter: $5 (d) Duplicating request: $2.50 for the first five copies; $.25 for each copy thereafter (e) Laws and administrative rules: $5 (f) Electronic file of mailing labels: $35 (g) Application packet, including laws and administrative rules: $10 (h) Duplicate wall display certificate of licensure: $12 (i) Certified duplicate license: $10 (j) Cumulative disciplinary report: $7.50 Statutory/Other Authority: ORS 675.110, ORS 675.115 & ORS 670.280(4)(a) Statutes/Other Implemented: ORS 675.110, ORS 675.115 & ORS 670.280(4)(a) History: OBP 1-2025, amend filed 05/12/2025, effective 05/12/2025 OBP 4-2023, amend filed 11/08/2023, effective 01/01/2024 OBP 1-2019, amend filed 11/19/2019, effective 01/01/2020 BPE 4-2017, amend filed 11/15/2017, effective 01/01/2018 BPE 4-2015, f. & cert. ef. 9-30-15 BPE 5-2014, f. & cert. ef. 11-17-14 BPE 3-2013, f. & cert. ef. 9-30-13 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2009(Temp), f. 9-29-09, cert. ef. 10-1-09 thru 12-31-09 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2004, f. & cert. ef. 8-30-04 BPE 2-2002, f. & cert. ef. 2-27-02 BPE 3-2001(Temp), f. & cert. ef. 10-12-01 thru 2-27-02 BPE 2-2001(Temp), f. 8-31-01, cet. ef. 10-12-01 thru 2-27-02 BPE 2-2000, f. 9-7-00, cert. ef. 10-15-00 BPE 2-1999, f. & cert. ef. 7-6-99 BPE 1-1999(Temp), f. & cert. ef. 3-2-99 thru 7-1-99 PE 1-1996, f. & cert. ef. 6-25-96 PE 5-1993, f. & cert. ef. 10-6-93 PE 4-1993, f. & cert. ef. 7-19-93, Renumbered from 858-010-0060 PE 2-1993(Temp), f. & cert. ef. 3-18-93 PE 3-1992, f. & cert. ef. 7-14-92 PE 2-1989, f. & cert. ef. 5-24-89 PE 1-1983, f. & cert. ef. 11-1-83 PE 2-1982, f. & cert. ef. 7-23-82 PE 1-1982, f. 4-13-82, cert. ef. 6-1-82 PE 2-1980, f. & cert. ef. 9-23-80 PE 1-1979, f. & cert. ef. 9-5-79 PE 1-1978, f. & cert. ef. 9-5-78 PE 9, f. 2-3-75, cert. ef. 2-25-75 PE 7, f. 10-21-74, cert. ef. 11-11-74 PE 6-1973, f. 12-19-73, cert. ef. 1-11-74
858-040-0015 Basic Requirements (1) Licensees must earn at least 40 continuing education credits during the period between license renewals. Continuing education credit must be reported as follows: (a) Licensees must submit a Renewal Notice and Reporting Affidavit to the Board office with the fee on or before the due date printed on the notice. (b) An unsigned or incomplete Renewal Notice and Reporting Affidavit shall be returned to the licensee. (2) New Licensees. There is no continuing education reporting required for individuals licensed twelve months or less on their first renewal date. (3) All active and semi-active licensees must complete the following minimum requirements in each reporting period: (a) Four credits of professional ethics and/or Oregon State laws and regulations related to the practice of psychology; (b) One credit of continuing education dedicated to the topic of pain management. The one-hour web-based Pain Management Module provided by the Oregon Pain Management Commission satisfies this requirement; (c) Four credits of continuing education dedicated to the topic of cultural competency; and (d) Effective July 1, 2022: Two credits of continuing education dedicated to the topic of suicide risk assessment, treatment, and management. (4) No continuing education reporting is required for licensees requesting a change from active or semi-active to inactive status. (5) No continuing education reporting is required for inactive licensees. (6) The Board may grant exemptions in whole or in part from continuing education requirements, including extension of deadlines, in documented hardship cases. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: OBP 6-2021, amend filed 11/15/2021, effective 01/01/2022 BPE 2-2015, f. & cert. ef. 1-21-15 BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 1-2011, f. & cert. ef. 1-25-11 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2004, f. & cert. ef. 8-30-04 BPE 2-2002, f. & cert. ef. 2-27-02 BPE 2-1999, f. & cert. ef. 7-6-99
858-040-0025 Continuing Education Reporting (1) Before a license will be renewed under ORS 675.110, a licensee must submit a Renewal Notice and Reporting Affidavit. (2) A copy of the Renewal Notice and Reporting Affidavit is available on the Board’s website. (3) Renewal Notice and Reporting Affidavits must be postmarked by the due date printed on the notice. Burden of proof of mailing is on the licensee. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2002, f. & cert. ef. 2-27-02 BPE 2-1999, f. & cert. ef. 7-6-99
858-040-0026 Continuing Education Random Audit (1) The Board will conduct a random audit of continuing education compliance each year. Audited licensees will be notified by letter and given 60 days to respond. Submissions must be postmarked by the stated due date to be considered timely. Licensee holds the burden of proof of mailing. (2) Unless the licensee is contacted for an audit, evidence of completion should not be sent to the Board, but must be retained by the licensee for two years after the reporting period. (3) To obtain credit during an audit, the following information must be typed or printed provided in legible form on the Board’s Continuing Education Audit Report: (a) Activity title for multi-session or multi-day activities, titles of separate sessions attended; (b) Dates attended, including month, day, and year; (c) Organization sponsoring the program; (d) Full name and degree of qualified instructor or discussion leader; (e) Hours claimed according to OAR 858-040-0055. (f) To obtain credit for writing published articles and books, the following information must be provided on the Continuing Education Audit Report as follows: (A) Publisher; (B) Title of publication; (C) Dates of publication; and (D) Hours claimed according to OAR 858-040-0055. (4) If a licensee fails to provide adequate documentation or submits an incomplete Audit Report, the licensee shall be so notified and granted a period of 30 days to provide the missing information. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10
858-040-0035 Programs Which Qualify for Continuing Education Credit Policy. Acceptable continuing education must be a learning activity which contributes directly to the professional competence of the licensee. (1) Program Prerequisites. Continuing Education programs shall qualify for credit if: (a) The subject matter deals primarily with substantive psychological issues, skills or Oregon laws, rules and ethical standards related to one's role as a psychologist or psychologist associate. (b) The program is conducted by a qualified instructor or discussion leader. A qualified instructor or discussion leader is a person whose background, training, education, or experience makes it appropriate for the person to make a presentation or lead a discussion on the subject matter; and (c) A record of attendance, such as a certificate of completion, is obtained. (2) Qualifying Programs. The following shall qualify for continuing education credit, provided that they comply with all other CE requirements: (a) Substantive professional development programs of recognized mental health organizations; (b) University or college courses taken at accredited universities and colleges. Each classroom hour shall equal one qualifying hour; (c) Formally organized work place educational programs; (d) Formally organized study groups that comply with the following; (A) At least two other mental health professionals attend; (B) The study group prepares and preserves a syllabus of meeting dates and study topics in advance; (C) A record is kept of each study group meeting. The record must include the names of the participants present, the subject matter and references which relate to any written material utilized; and (e) Home Study including internet and tele-courses. (f) Published articles and books authored or co-authored by the licensee. (g) Lecturer: Service as an instructor, discussion leader, or speaker. (A) Lecturer credit may be claimed for work that is either paid or unpaid. (B) Lecturer credit shall be allowed for the first time a course is taught. No credit shall be allowed for repeat presentations unless an instructor can demonstrate that the program content was substantially changed and such change required significant additional study or research. (h) Service as an Oregon Board of Psychology member or committee volunteer. (i) Ethics committee meetings of professional associations. (j) Formal trainings on office records organization, records maintenance and security procedures, or billing software instruction. (k) Reading books or articles from peer-reviewed journals (home study). Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: OBP 1-2020, amend filed 01/23/2020, effective 04/01/2020 OBP 5-2018, minor correction filed 10/09/2018, effective 10/09/2018 BPE 2-2016, f. & cert. ef. 2-1-16 BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 2-2011, f. & cert. ef. 5-31-11 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 4-2002, f. & cert. ef. 10-11-02 BPE 2-2002, f. & cert. ef. 2-27-02, Renumbered from 858-040-0045 BPE 2-1999, f. & cert. ef. 7-6-99
858-040-0036 Programs Which Do Not Qualify for Continuing Education Credit (1) Marketing; investments; and practice building strategies. (2) Yoga; therapeutic massage; (3) Non-Clinical administrative staff meetings; (4) Word processing computer skills; (5) Therapies which are not widely recognized as within the scope of practice of psychology, through research or scientifically demonstrated clinical effectiveness. (6) Programs that are completed to fulfil the terms of a Board order or agreement do not qualify towards the continuing education requirements for licensure renewal or reinstatement. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: OBP 3-2020, amend filed 03/19/2020, effective 03/19/2020 BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2002, f. & cert. ef. 2-27-02, Renumbered from 858-040-0035(5)
858-040-0055 Credit Hours Granted (1) Credit shall be given for actual hours attended. (2) Credit shall be given for no more than 20 hours of continuing education for home study and study group hours combined in each reporting period. This limitation is temporarily suspended for renewals that are due between March 31, 2020 and July 31, 2022. (3) An instructor, discussion leader, or speaker shall be given two hours of credit for preparation for each hour of presentation time, and one hour of credit for each hour of presentation time. (4) Credit shall be given for no more than 20 hours of continuing education for service as an instructor, discussion leader, or speaker and published material combined in each reporting period. (5) One hour of continuing education credit shall be given for reading 100 book pages or four peer-reviewed articles. Credit shall be given for no more than four hours (400 book pages or 16 articles) of reading in each reporting period. No more than two hours of reading may be used to fulfill the professional ethics continuing education requirement. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: OBP 6-2021, amend filed 11/15/2021, effective 01/01/2022 OBP 4-2021, amend filed 07/15/2021, effective 07/15/2021 OBP 5-2020, amend filed 09/14/2020, effective 09/14/2020 OBP 2-2020, temporary amend filed 03/18/2020, effective 03/18/2020 through 09/13/2020 BPE 2-2016, f. & cert. ef. 2-1-16 BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2002, f. & cert. ef. 2-27-02 BPE 2-1999, f. & cert. ef. 7-6-99
858-040-0065 Evidence of Completion (1) Evidence of completion must be retained by the licensee for a minimum of two years after the reporting period. (2) Responsibility for documenting the acceptability of the program and the validity of credit rests with the licensee. (3) The following shall constitute evidence of completion: (a) For academic credit: a copy of a transcript showing satisfactory completion of the course. (b) For professional development or workplace educational programs, formal trainings or home study activities: a certificate of attendance. A copy of a paid receipt showing licensee’s name as the payor, along with a conference brochure, workshop flier or program schedule, may serve as evidence of completion for no more than eight hours of continuing education credit. Documentation must at minimum show the qualified instructor(s)’s name and degree, date, start and end time, and subject matter of the program. (c) For ethics committee meetings of professional organizations: meeting minutes showing the meeting date, ethics content, and licensee’s name as a participating member. (d) For formally organized study groups: a copy of the study group meeting record. (e) For authoring published material or reading books or journal articles: a copy of pertinent pages of the material showing the article/chapter title (if applicable), book/journal name, author(s), and date of publication. (f) For lecturer credit: a copy of the course syllabus, conference brochure, workshop flier, program schedule or signed verification from the sponsor. Documentation must at minimum show the licensee’s name as the lecturer, date, start and end time, and subject matter. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(14) History: OBP 1-2020, amend filed 01/23/2020, effective 04/01/2020 BPE 2-2016, f. & cert. ef. 2-1-16 BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2002, f. & cert. ef. 2-27-02 BPE 2-1999, f. & cert. ef. 7-6-99