Bill Text: OR HB2065 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the Oregon Board of Licensed Professional Counselors and Therapists.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2065 Detail]

Download: Oregon-2011-HB2065-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 755

                         House Bill 2065

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber
  for Oregon Board of Licensed Professional Counselors and
  Therapists)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies definitions and other provisions relating to
regulation of licensed professional counselors and marriage and
family therapists.

                        A BILL FOR AN ACT
Relating to the Oregon Board of Licensed Professional Counselors
  and Therapists; amending ORS 675.705, 675.715, 675.720 and
  675.825.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 675.705 is amended to read:
  675.705. As used in ORS 675.715 to 675.835:
  (1) 'Assessment' means assessment under standards developed by
a national body responsible for accrediting graduate training
programs in clinical counseling for professional counselors or in
marriage and family therapy for marriage and family therapists.
   { +  (2) 'Clinical experience' means the professional practice
of applying principles and methods to provide assessment,
diagnosis and treatment of mental health disorders to individuals
and families. + }
    { - (2) - }   { + (3) + } 'Licensed marriage and family
therapist' means a person to whom a license has been issued under
ORS 675.715.
    { - (3) - }   { + (4) + } 'Licensed professional counselor'
means a person issued a license under ORS 675.715.
    { - (4) - }   { + (5) + } 'Licensee' means a licensed
professional counselor or a licensed marriage and family
therapist.
    { - (5)(a) - }   { + (6)(a) + } 'Marriage and family therapy'
means the
  { - assessment, diagnosis and treatment of - }
 { + application of marriage and family therapy strategies for
the purpose of assessing, diagnosing and treating + } mental,
emotional and behavioral disorders
  { - within the context of marriage and family systems involving
the application of psychotherapeutic and family systems theories
and techniques in the delivery of services to - }   { + in + }
individuals, couples

  { - and - }  { + , + } families { + , groups and
organizations + }.
  (b) 'Marriage and family therapy' may include, but is not
limited to:
  (A) Application of  { + psychotherapeutic, family systems
or + } counseling   { - techniques - }   { + strategies + } for
the purpose of resolving intrapersonal and interpersonal conflict
and changing perceptions, attitudes, behaviors and interactional
processes in the area of human relationships and family life;
  (B) Research activities, including reporting, designing or
conducting research in marriage and family therapy with human
subjects;
  (C) Referral activities, including the referral to other
specialists when indicated to provide ethical treatment;
  (D) Consulting activities that apply marriage and family
therapy procedures to provide assistance to organizations that
support or enrich marriage and family life; and
  (E) Record keeping activities, including documentation of
counseling treatment, therapeutic services and clinical
supervision.
    { - (6)(a) - }   { + (7)(a) + } 'Professional counseling'
means the
  { - assessment, diagnosis and treatment of - }
 { + application of mental health counseling strategies for the
purpose of assessing, diagnosing and treating + } mental,
emotional and behavioral disorders
  { - and the provision of counseling services to address
personal growth and wellness, provided through the therapeutic
relationship to - }   { + in + } individuals, couples, children,
families, groups and organizations  { - , based on the principles
of mental health, behavioral science including statistical
analysis, human growth and development throughout the life span,
career development, group dynamics and cultural and social
diversity, and using cognitive, affective, behavioral and
systemic intervention strategies - } .
  (b) 'Professional counseling' may include, but is not limited
to:
  (A)   { - Application of counseling theories and techniques
designed to assist clients with current or potential problems and
to facilitate change in thinking, feeling and behaving - }  { +
Provision of counseling services to address personal growth and
wellness + };
  (B) Definition of goals and the planning of action reflecting
interests, abilities, aptitudes and needs as they relate to
problems, disabilities or concerns in personal, social,
educational, rehabilitation and career adjustments;
  (C) Research activities, including reporting, designing or
conducting research in counseling with human subjects;
  (D) Referral activities, including the referral to other
specialists when indicated to provide ethical treatment;
  (E) Consulting activities that apply counseling procedures and
interpersonal skills to provide assistance in solving problems
relating to an individual, group or organization; and
  (F) Record keeping activities, including documentation of
counseling treatment, therapeutic services and clinical
supervision.
    { - (7) - }   { + (8) + } 'Registered intern' means an
applicant for licensure who is registered to obtain post-degree
supervised
  { - work - }   { + clinical + } experience toward licensure
according to an approved plan pursuant to ORS 675.720.
  SECTION 2. ORS 675.715 is amended to read:
  675.715.  { + (1) + } In order to obtain a license as a
professional counselor or a marriage and family therapist, an
applicant shall make application on a form and in such a manner
as the Oregon Board of Licensed Professional Counselors and
Therapists prescribes, accompanied by the nonrefundable fee
established pursuant to ORS 675.785. The board shall issue a
license as a professional counselor or a marriage and family
therapist to each applicant who furnishes satisfactory evidence
to the board that the applicant   { - meets the following
qualifications - } :
    { - (1) - }   { + (a) + } Is not in violation of any of the
provisions of ORS 675.715 to 675.835 and the rules adopted by the
board.
    { - (2) - }   { + (b) + } Has received:
    { - (a) - }   { + (A) + } A graduate degree in counseling in
a program
  { - approved by the Council for Accreditation of Counseling and
Related Educational Programs of the American Counseling
Association - }   { + accredited by a national accrediting body
approved by the board by rule + } that includes training in the
diagnosis of mental disorders;
    { - (b) - }   { + (B) + } A graduate degree in marriage and
family therapy in a program   { - approved by the Commission on
Accreditation for Marriage and Family Therapy Education of the
American Association for Marriage and Family Therapy - }
 { + accredited by a national accrediting body approved by the
board by rule + } that includes training in the diagnosis of
mental disorders;
    { - (c) - }   { + (C) + } A graduate degree, under standards
explicitly adopted by the board by rule that is determined by the
board to be comparable in both content and quality to a degree
approved under
  { - paragraph (a) or (b) - }   { + subparagraph (A) or (B) + }
of this
  { - subsection - }   { + paragraph + } and that includes
training in the diagnosis of mental disorders; or
    { - (d) - }   { + (D) + } A graduate degree, determined by
the board to meet at an acceptable level at least a majority of
the board's adopted degree standards and that includes training
in the diagnosis of mental disorders, and has completed
additional graduate training obtained in a counselor or marriage
and family therapy program at an accredited college or university
to meet the remainder of the standards.
    { - (3) - }   { + (c) + } At the time of application to
become a licensed professional counselor, has a minimum of three
years of full-time supervised clinical experience, or the
equivalent, under a board-approved supervisor in a board-approved
setting. One year of the supervised clinical experience may be
obtained prior to the granting of the master's degree.
    { - (4) - }   { + (d) + } At the time of application to
become a licensed marriage and family therapist, has a minimum of
three years of full-time  { + supervised + } clinical
 { - work - }  experience   { - with supervision - }  { + , or
the equivalent + }, in accordance with standards established by
the board. At least 2,000 hours in the three-year period must be
in the practice of marriage and family therapy in the presence of
a client.
    { - (5) - }   { + (e) + } Demonstrates competence as a
professional counselor or marriage and family therapist by
passing an examination prescribed by the board as follows:
    { - (a) - }   { + (A) + } The examination for professional
counselor license must include, but need not be limited to,
counseling theory, human growth and development, social and
cultural foundations, the helping relationship, group dynamics,
lifestyle and career development, appraisal of individuals,
research and evaluation, professional orientation, ethics and
Oregon law.
    { - (b) - }   { + (B) + } The examination for the marriage
and family therapist license must include, but need not be
limited to, marriage and family therapy theory, systems theory,
appraisal of family relationships, normal individual and family
development, research and evaluation, professional conduct,
ethics and Oregon law.
    { - (6) - }   { + (2) + } An application that remains
incomplete for one year from the date of the initial submission
to the board is considered to have been withdrawn by the
applicant. Incomplete applications include, but are not limited
to, applications lacking documentation, signatures or the payment
of fees required by the board.
  SECTION 3. ORS 675.720 is amended to read:
  675.720. (1) If an applicant for a license under ORS 675.715
possesses the graduate degree required by ORS 675.715 but has not
submitted documentation satisfactory to the Oregon Board of
Licensed Professional Counselors and Therapists that the
applicant has the required supervised clinical   { - work - }
experience, the applicant must register an internship plan to
obtain acceptable post-degree supervised   { - work - }
 { + clinical + } experience to qualify for a license as a
professional counselor or as a marriage and family therapist.
  (2) To register as a professional counselor intern or as a
marriage and family therapist intern under this section, the
applicant shall submit in the form and manner determined by the
board:
  (a) A request for registration; and
  (b) A plan to obtain or complete the supervised clinical
  { - work - }  experience required for licensure.
  (3) The board shall register the applicant as an intern upon
receipt and approval of the completed request and plan required
in subsection (2) of this section.
  (4)(a) A registered intern must renew the certificate of
registration annually on or before the first day of the month in
which the board approved the initial registration. To renew a
certificate of registration, a registered intern shall:
  (A) Submit a renewal application in the form and manner
established by the board accompanied by a renewal fee pursuant to
ORS 675.785; and
  (B) Document fulfillment of all other requirements established
by the board by rule.
  (b) Failure to renew a registration within 30 days of the
annual renewal date terminates the registration and the
application for licensure.
  (5) Registered interns are subject to all ethical standards
adopted by the board.
  SECTION 4. ORS 675.825 is amended to read:
  675.825. (1) A person may not:
  (a) Attempt to obtain or obtain a license or license renewal by
bribery or fraudulent representation.
  (b) Engage in or purport to the public to be engaged in the
practice of professional counseling under the title '
 { - licensed - } professional counselor' unless the person is a
 { - licensee - }  { +  licensed professional counselor + }.
  (c) Engage in or purport to the public to be engaged in the
practice of marriage and family therapy under the title of '
 { - licensed - }  marriage and family therapist' unless the
person is a   { - licensee - }  { +  licensed marriage and family
therapist + }.
  (d) Engage in the practice of professional counseling or
marriage and family therapy unless:
  (A) The person is a licensee, registered intern or graduate
student pursuing a graduate degree in counseling or marriage and
family therapy; or
  (B) The person is exempted from the licensing requirements of
ORS 675.715 to 675.835 by subsection (3) of this section.
  (e) Provide counseling or therapy services of a
psychotherapeutic nature if the person's license to practice as a
professional counselor or as a marriage and family therapist has
been revoked by the Oregon Board of Licensed Professional
Counselors and Therapists because the person engaged in sexual
activity with a client.
  (2) A licensed psychologist whose license, or a regulated
social worker whose authorization to practice regulated social
work, was issued prior to October 1, 1991, may use the title '
marriage and family therapist.  '
  (3) The licensing requirements of ORS 675.715 to 675.835 do not
apply to a person who is:
  (a) Licensed, certified, registered or similarly regulated
under the laws of this state and who is performing duties within
the authorized scope of practice of the license, certification,
registration or regulation.
  (b) A recognized member of the clergy, provided that the person
is acting in the person's ministerial capacity.
  (c) Employed by a local, state or federal agency or any agency
licensed or certified by the state to provide mental
health { + , + }   { - or - }  health  { + or rehabilitation + }
services, if the person's activities constituting professional
counseling or marriage and family therapy are performed within
the scope of the person's employment.
  (d) Authorized to provide addiction treatment services under
rules of the Department of Human Services.
  (4) Nothing in ORS 675.715 to 675.835 limits or prevents the
practice of a person's profession or restricts a person from
providing counseling { + , therapy or mental health + } services
 { - or services related to marriage and family - }  if the
person  { - : - }
    { - (a) Does not meet the requirements of ORS 675.715 (2);
or - }
    { - (b) Does not practice: - }
    { - (A) Marriage and family therapy as defined in ORS 675.705
(5)(a); or - }
    { - (B) Professional counseling as defined in ORS 675.705
(6)(a) - }  { +  does not assess, diagnose and treat persons with
mental health disorders as defined in the national standard
diagnostic manual + }.
  (5) Each violation of this section is a separate violation.
  (6) The board may levy a civil penalty not to exceed $2,500 for
each separate violation of this section.
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