Bill Text: OR HB2103 | 2013 | Regular Session | Introduced
Bill Title: Relating to sex offender treatment.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2103 Detail]
Download: Oregon-2013-HB2103-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 685
House Bill 2103
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Health Licensing Agency)
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.
Prohibits person from practicing sex offender treatment unless
person is certified clinical sex offender therapist or certified
associate sex offender therapist. Clarifies other prohibitions
relating to sex offender treatment.
A BILL FOR AN ACT
Relating to sex offender treatment; creating new provisions; and
amending ORS 675.360, 675.370, 675.375 and 675.385.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 675.370 is added to and made a part of ORS
675.360 to 675.380. + }
SECTION 2. ORS 675.370 is amended to read:
675.370. { - (1) Unless a person has applied for and received
certification under ORS 675.375 or 675.380, a person may not
claim certification as or represent that person to be a: - }
{ - (a) Certified clinical sex offender therapist; or - }
{ - (b) Certified associate sex offender therapist. - }
{ - (2) ORS 675.360 to 675.410 apply only to certified sex
offender therapists who treat sex offenders. - }
{ - (3) A person may not: - }
{ - (a) Attempt to obtain a certificate or renewal of a
certificate under ORS 675.360 to 675.380 by bribery or fraudulent
representation; or - }
{ - (b) Purport to the public to be engaged in the practice
of sex offender treatment under the title 'clinical sex offender
therapist' or 'associate sex offender therapist' unless the
person possesses a valid certification under ORS 675.360 to
675.380. - }
{ - (4) Nothing in ORS 675.360 to 675.410 is intended to
limit or prevent the practice of an individual's profession or to
restrict a person from providing counseling or therapy if the
person or individual does not represent to the public by title
that the person or individual is a certified sex offender
therapist. - }
{ - (5) Each violation of subsections (3) to (5) of this
section is a separate violation. - }
{ + (1) A person may not:
(a) Engage in the practice of sex offender treatment unless the
person is a certified clinical sex offender therapist or a
certified associate sex offender therapist;
(b) If the person is a certified associate sex offender
therapist, engage in the practice of sex offender treatment
unless the person is under the direct supervision of a certified
clinical sex offender therapist;
(c) Claim to be or represent oneself as a certified clinical
sex offender therapist unless the person is certified as a
clinical sex offender therapist under ORS 675.375 or 675.380;
(d) Claim to be or represent oneself as a certified associate
sex offender therapist unless the person is certified as an
associate sex offender therapist under ORS 675.375 or 675.380;
(e) Offer services to the public under the title 'certified
clinical sex offender therapist' unless the person is certified
as a clinical sex offender therapist under ORS 675.375 or
675.380; or
(f) Offer services to the public under the title 'certified
associate sex offender therapist' unless the person is certified
as an associate sex offender therapist under ORS 675.375 or
675.380.
(2) Each violation of a provision of subsection (1) of this
section is a separate violation. + }
SECTION 3. ORS 675.375 is amended to read:
675.375. (1) To obtain certification as a clinical sex offender
therapist or associate sex offender therapist, an applicant must
complete an application developed and prescribed by the Sex
Offender Treatment Board and file a professional disclosure
statement { - with - } { + developed and prescribed by + }
the Oregon Health Licensing Agency. The documents must be
accompanied by a fee established by the agency.
(2) Subject to the provisions of ORS 676.612, the agency may
issue two types of certification to qualified applicants under
this section:
(a) Clinical sex offender therapist; and
(b) Associate sex offender therapist.
(3) To qualify as a certified clinical sex offender therapist,
the applicant must:
(a) Be in compliance with applicable provisions and rules
adopted by the agency;
(b) Have at least a master's degree in the behavioral sciences;
(c) Have an active Oregon mental health professional license or
equivalent license as determined by the agency;
(d) Within not less than three years { - nor - } { + and
not + } more than six years prior to application, have had a
minimum of 2,000 hours of direct clinical contact with sex
offenders, including:
(A) 1,000 hours of direct treatment services; and
(B) 500 hours of evaluations; and
(e) Have a minimum of 60 hours of formal training applicable to
sex offender treatment and evaluation, achieved within the three
years prior to application.
(4) To qualify as a certified associate sex offender therapist,
the applicant must:
(a) Be in compliance with applicable provisions and rules
adopted by the agency;
(b) Have at least a bachelor's degree in the behavioral
sciences;
(c) Have had a minimum of 1,000 hours of direct clinical
contact with sex offenders;
(d) Have a minimum of 30 hours of formal training applicable to
sex offender treatment and evaluation, achieved within the three
years prior to application; and
(e) Be under the direct supervision of a certified clinical sex
offender therapist.
(5) { - Upon receipt of an application for renewal submitted
by the applicant, the agency may renew the certification of a
clinical sex offender therapist or an associate sex offender
therapist annually or as otherwise specified by agency rule. - }
{ + A certified clinical sex offender therapist or a certified
associate sex offender therapist must renew a certification
issued under this section annually or as otherwise required by
the agency by rule. + } { - The - } { + An + } application
for renewal shall be considered by the agency to be an
application to continue as a certified clinical sex offender
therapist or a certified associate sex offender therapist. To
renew a certification, the applicant must:
(a) Be in compliance with the provisions of ORS 675.360 to
675.410 and rules adopted by the agency;
(b) Have a minimum of 100 hours of clinical experience during
the preceding year, 50 of which shall be direct clinical contact
with sex offenders;
(c) Have completed a minimum of 15 hours { + of + } continuing
education in the field of sex offender treatment during the
preceding year; and
(d) Satisfy any additional requirements adopted by the board.
(6) The agency shall adopt by rule requirements for late
renewal of a certification, reactivation of an expired
certification or reinstatement of a certification that has been
expired for more than three consecutive years. { + A person
whose certification has expired may not engage in the practice of
sex offender treatment until the person meets the requirements
adopted under this subsection. + }
SECTION 4. ORS 675.360 is amended to read:
675.360. (1) The Legislative Assembly hereby declares that the
comprehensive treatment of sex offenders who are subject to the
supervision of the criminal justice and juvenile justice systems
and the Oregon Health Authority is necessary in order to work
toward the elimination of sex offenses. The Legislative Assembly
hereby recognizes that sex offender therapists who examine and
treat sex offenders therefore occupy a vital role in protecting
the public from sex offenders who remain in the community prior
to or following disposition or who will reenter the community
following a period of incarceration.
(2) The Legislative Assembly further finds that the
qualifications, practices, techniques and levels of effectiveness
of sex offender therapists vary widely and that the court's
ability to effectively determine appropriate sentencing and
monitoring for sex offenders, thus curtailing the incidence of
recidivism in such offenders and enhancing the protection of
victims and potential victims, is undermined by a lack of
regulated standards of practice and professional responsibility.
(3) The Legislative Assembly recognizes the right of sex
offender therapists to practice, consistent with the paramount
requirement of public safety. Public safety is best served by
regulating sex offender therapists whose clients are being
treated under alternative sentencing or disposition, parole,
post-prison supervision, supervision by a county juvenile
department or custody of the Oregon Health Authority or the
Oregon Youth Authority.
(4) ORS 675.375 establishes the titles certified clinical sex
offender therapist and certified associate sex offender
therapist.
{ - ORS 675.360 to 675.410 do not prohibit others from
providing services to treat sex offenders. However, - } Only
those certified under ORS 675.360 to 675.410 shall represent the
designated titles to the public. Adult and juvenile parole and
probation authorities and the Oregon Health Authority may
restrict their referrals to those providers who are certified
under ORS 675.360 to 675.410.
SECTION 5. ORS 675.385 is amended to read:
675.385. (1) In the manner prescribed in ORS chapter 183 for
contested cases, and at the direction of the Sex Offender
Treatment Board, the Oregon Health Licensing Agency may impose a
form of discipline listed in ORS 676.612 against any certified
sex offender therapist for any of the grounds listed in ORS
676.612 and for any violation of the provisions of ORS 675.360 to
675.410, or the rules adopted { - thereunder - } { + under
ORS 675.360 to 675.410 + }.
(2) The agency may impose disciplinary sanctions against a
certified sex offender therapist for any of the following
reasons:
(a) The person was convicted of violating ORS 675.390, or of a
felony or misdemeanor that brings into question the person's
competence or integrity as a certified sex offender therapist.
(b) The person's mental health professional license, or
equivalent license, has been revoked, suspended or restricted by
the issuing authority.
(c) The person has violated ORS 675.370 { - (3) to (5) - } ,
or any rules adopted by the agency pertaining to certification.
(d) The person has failed to file or has filed a false,
misleading or incomplete professional disclosure statement with
the agency.
(e) The person has practiced beyond the scope of the person's
agency-issued certification.
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