Bill Text: OR HB2768 | 2013 | Regular Session | Enrolled
Bill Title: Relating to professions regulated by the Oregon Board of Licensed Professional Counselors and Therapists.
Spectrum: Committee Bill
Status: (Passed) 2013-05-22 - Chapter 211, (2013 Laws): Effective date January 1, 2014. [HB2768 Detail]
Download: Oregon-2013-HB2768-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2768
Sponsored by COMMITTEE ON HEALTH CARE
CHAPTER ................
AN ACT
Relating to professions regulated by the Oregon Board of Licensed
Professional Counselors and Therapists; creating new
provisions; and 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 psychotherapeutic principles and methods to provide
assessment, diagnosis and treatment of mental disorders. + }
{ - (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 - } { + or + }
treatment of mental, emotional
{ - and - } { + or + } 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 individuals, couples and
families - } { + involving the application of family systems or
other psychotherapeutic principles and methods in the delivery of
services to individuals, couples, children, families, groups or
organizations + }.
(b) 'Marriage and family therapy' may include, but is not
limited to:
(A) Application of counseling techniques for the purpose of
resolving intrapersonal { - and - } { + or + } interpersonal
conflict { - and - } { + or + } changing perceptions,
attitudes, behaviors { - and - } { + or + } interactional
processes in the area of human relationships and family life;
{ + (B) Provision of services to address wellness or optimal
functioning in human relationships or family life; + }
Enrolled House Bill 2768 (HB 2768-INTRO) Page 1
{ - (B) - } { + (C) + } Research activities, including
reporting, designing or conducting research in marriage and
family therapy with human subjects;
{ - (C) - } { + (D) + } Referral activities, including the
referral to other specialists when indicated to provide ethical
treatment;
{ - (D) - } { + (E) + } Consulting activities that apply
marriage and family therapy procedures to provide assistance to
organizations that support or enrich marriage and family life;
and
{ - (E) - } { + (F) + } Record keeping activities,
including documentation of counseling treatment, therapeutic
services { - and - } { + or + } clinical supervision.
{ - (6)(a) - } { + (7)(a) + } 'Professional counseling'
means the assessment, diagnosis { - and - } { + or + }
treatment of mental, emotional
{ - and - } { + or + } behavioral disorders { - and the
provision of counseling services to address personal growth and
wellness, provided through the therapeutic relationship to
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 - } { + involving the application of mental health
counseling or other psychotherapeutic principles and methods in
the delivery of services to individuals, couples, children,
families, groups or organizations + }.
(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; - }
{ + (A) Application of intervention methods based on
cognitive, affective, behavioral, systemic or human development
principles;
(B) Provision of counseling services to address personal growth
or wellness; + }
{ - (B) - } { + (C) + } Definition of goals and the
planning of action reflecting interests, abilities, aptitudes
{ - and - } { + or + } needs as they relate to problems,
disabilities or concerns in personal, social, educational,
rehabilitation { - and - } { + or + } career adjustments;
{ - (C) - } { + (D) + } Research activities, including
reporting, designing or conducting research in counseling with
human subjects;
{ - (D) - } { + (E) + } Referral activities, including the
referral to other specialists when indicated to provide ethical
treatment;
{ - (E) - } { + (F) + } Consulting activities that apply
counseling procedures and interpersonal skills to provide
assistance in solving problems relating to an individual, group
or organization; and
{ - (F) - } { + (G) + } Record keeping activities,
including documentation of counseling treatment, therapeutic
services { - and - } { + or + } clinical supervision.
{ - (7) - } { + (8) + } 'Registered intern' means an
applicant for licensure who is registered to obtain post-degree
supervised
Enrolled House Bill 2768 (HB 2768-INTRO) Page 2
{ - 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 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 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) of this subsection - }
{ + subparagraph (A) or (B) of this 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) 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) At the time of application to become a licensed
marriage and family therapist, has a minimum of three years of
full-time clinical work experience with supervision, 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. - }
{ + (c) At the time of application to become a licensed
professional counselor or a licensed marriage and family
therapist, has a minimum of three years of full-time supervised
clinical experience or the equivalent, in accordance with rules
adopted by the board. + }
Enrolled House Bill 2768 (HB 2768-INTRO) Page 3
{ - (5) - } { + (d) + } 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 { + the + }
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.
Enrolled House Bill 2768 (HB 2768-INTRO) Page 4
(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.
(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.
(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 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 services or services related to marriage and
family if the person:
(a) Does not meet the requirements of ORS 675.715 { - (2) - }
{ + (1)(b) + }; or
(b) Does not practice:
(A) Marriage and family therapy as defined in ORS 675.705
{ - (5)(a) - } { + (6)(a) + }; or
(B) Professional counseling as defined in ORS 675.705
{ - (6)(a) - } { + (7)(a) + }.
(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.
SECTION 5. { + The amendments to ORS 675.705, 675.715, 675.720
and 675.825 by sections 1 to 4 of this 2013 Act apply to persons
who apply to become a licensed professional counselor or a
licensed marriage and family therapist on or after the effective
date of this 2013 Act. + }
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Enrolled House Bill 2768 (HB 2768-INTRO) Page 5
Passed by House March 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 13, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2768 (HB 2768-INTRO) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2768 (HB 2768-INTRO) Page 7
