Oregon Board of Psychology Statutes, Rules, & EPs PDF

OREGON BOARD OF PSYCHOLOGY Oregon Revised Statutes Chapter 675 (2023), Oregon Administrative Rules Chapter 858 & APA Ethical Principles of Psychologists and Code of Conduct Revised 02/24 Oregon Revised Statutes Chapter 675 (2023), Oregon Administrative Rules Chapter 858, & APA Ethical Principles of Psychologists and Code of Conduct. Revised 02/24 Table of Contents Oregon Revised Statutes Chapter 675............................................................................. 1 675.010 Definitions for ORS 675.010 to 675.150..................................................................... 1 675.020 Practice or representation as psychologist prohibited without license; use of business name or designation.................................................................................................... 1 675.025 Application of ORS 58.325 to 58.365.......................................................................... 1 675.030 Licensing of psychologists after examination; requirements; fee; resident designation; rules............................................................................................................................ 2 675.040 Examinations for licensing.......................................................................................... 2 675.045 Examinations administered by board; rules................................................................. 2 675.050 Licensing without national examination; fee; rules...................................................... 3 675.063 Limited permit to practice as psychologist; duration.................................................... 3 (Temporary provisions relating to psychologist associate licenses issued before January 1, 2022).......................................................................................................................... 3 675.070 Authorized sanctions; grounds for imposing sanctions; civil penalty........................... 4 675.075 Confidentiality of information obtained under ORS 675.070 or 675.085..................... 5 675.085 Investigation; disciplinary procedure........................................................................... 5 675.087 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license..................................................................................................... 6 675.090 Application of ORS 675.010 to 675.150...................................................................... 6 675.100 Oregon Board of Psychology...................................................................................... 7 675.110 Powers of board; rules; fees......................................................................................... 8 675.115 How fees determined................................................................................................... 9 675.130 Officers; quorum; meetings; records; executive director.............................................. 9 675.140 Oregon Board of Psychology Account; appropriation.................................................. 9 675.145 Duty to report prohibited conduct.............................................................................. 10 675.150 Enforcement procedures............................................................................................ 10 675.990 Penalties.................................................................................................................... 10 Oregon Administrative Rules Chapter 858................................................................... 11 DIVISION 10 - PROCEDURAL RULES............................................................................... 11 858-010-0001 Definitions.................................................................................................. 11 858-010-0002 Guidelines for Supervising Technicians...................................................... 13 858-010-0003 Psychology Practice in Oregon................................................................... 13 858-010-0005 Board Duties and Procedure........................................................................ 14 858-010-0007 Notice of Proposed Rule............................................................................. 15 858-010-0010 Education Requirements – Psychologist...................................................... 15 858-010-0012 Practicum................................................................................................... 18 Table of Contents i Table of Contents, Cont. 858-010-0013 Internship................................................................................................... 19 858-010-0016 Standard Application Procedure.................................................................. 20 858-010-0017 Licensure by Endorsement.......................................................................... 21 858-010-0018 Investigatory Powers.................................................................................. 22 858-010-0020 Process and Disposition of Application for License.................................... 22 858-010-0025 Procedure for National Written Examination.............................................. 24 858-010-0030 Procedures for Oregon Jurisprudence Examination..................................... 24 858-010-0034 Criminal Background Checks..................................................................... 26 858-010-0036 Post-Doctoral Supervised Work Experience................................................ 27 858-010-0037 Supervised Work Experience - Psychologist Associate............................... 31 858-010-0038 Continued Supervision - Licensed Psychologist Associate.......................... 31 858-010-0039 Application for Independent Status – Psychologist Associate...................... 31 858-010-0041 License Renewals....................................................................................... 32 858-010-0050 Inactive Status............................................................................................ 33 858-010-0055 Limited Permits.......................................................................................... 33 858-010-0056 Temporary Practice Authorization.............................................................. 34 858-010-0060 Psychological Records................................................................................ 35 858-010-0061 Notification Requirements.......................................................................... 36 858-010-0062 Designation of Education and Licensure Status........................................... 37 858-010-0065 Resignation of License Holder.................................................................... 37 858-010-0075 Code of Professional Conduct..................................................................... 37 858-010-0300 Registered Health Care Interpreters............................................................ 38 858-020-0015 Management of Complaints........................................................................ 39 858-020-0025 Complaints on Which the Board Can Act.................................................... 39 858-020-0035 Form of Complaints.................................................................................... 39 858-020-0045 Notice and Investigation Process................................................................ 40 858-020-0055 Investigator’s Report to the Board.............................................................. 41 858-020-0075 Contested Case Hearings............................................................................ 41 858-020-0085 Board Records............................................................................................ 42 858-020-0105 Board's Responsibility to the Public............................................................ 42 858-020-0115 Compliance with Governor’s Executive Orders.......................................... 42 DIVISION 30 - FEES............................................................................................................. 44 858-030-0005 Application, Examination and Licensing Fees............................................. 44 DIVISION 40 - CONTINUING EDUCATION....................................................................... 46 858-040-0015 Basic Requirements.................................................................................... 46 858-040-0025 Continuing Education Reporting................................................................. 46 858-040-0026 Continuing Education Random Audit......................................................... 47 858-040-0035 Programs Which Qualify for Continuing Education Credit.......................... 47 858-040-0036 Programs Which Do Not Qualify for Continuing Education Credit............. 49 858-040-0055 Credit Hours Granted.................................................................................. 49 858-040-0065 Evidence of Completion............................................................................. 49 858-040-0070 Failure to Comply....................................................................................... 50 2002 Ethical Principles of Psychologists and Code of Conduct.................................... 53 Table of Contents ii Oregon Revised Statutes: 2023 Edition – Chapter 675 - Psychologists Oregon Revised Statutes Chapter 675 2023 EDITION PSYCHOLOGISTS (Generally) 675.010 Definitions for ORS 675.010 to 675.150. As used in ORS 675.010 to 675.150, unless the context requires otherwise: (1) “Approved doctoral program in psychology” means a doctoral program in psychology accredited by the American Psychological Association or a doctoral program in psychology accredited individually or as part of an institutional accreditation by another private or governmental accrediting agency, when the association’s or agency’s standards and procedures have been approved by the Oregon Board of Psychology by rule. (2) “Board” means the Oregon Board of Psychology. (3) “Licensed psychologist” means a person licensed to practice psychology under the provisions of ORS 675.010 to 675.150. (4) “Practice of psychology” means rendering or offering to render supervision, consultation, evaluation or therapy services to individuals, groups or organizations for the purpose of diagnosing or treating behavioral, emotional or mental disorders. “Practice of psychology” also includes delegating the administration and scoring of tests to technicians qualified by and under the direct supervision of a licensed psychologist. (5) “State” means any state or territory of the United States and the District of Columbia. [1963 c.396 §1; 1973 c.777 §1; 1981 c.892 §96; 1991 c.490 §1; 1993 c.585 §1; 1995 c.810 §1; 1999 c.443 §1; 2003 c.630 §3; 2017 c.6 §3] 675.020 Practice or representation as psychologist prohibited without license; use of business name or designation. (1) To safeguard the people of the State of Oregon from the dangers of unqualified and improper practice of psychology, no person shall, unless exempted from the provisions of ORS 675.010 to 675.150 by ORS 675.090: (a) Practice psychology in this state without first being licensed under ORS 675.010 to 675.150; or (b) Represent oneself to be a psychologist without first being licensed under ORS 675.010 to 675.150. (2) As used in subsection (1)(b) of this section, “represent oneself to be a psychologist” means to use any title or description of services incorporating the words “psychology,” “psychological,” “psychotherapy” or “psychologist,” or to offer or render to individuals or to groups of individuals services included in the practice of psychology. (3) A psychologist licensed under ORS 675.010 to 675.150 shall practice under the name of the psychologist only, but nothing in ORS 675.010 to 675.150 or rules adopted thereunder shall be deemed to prevent a licensed psychologist from using an assumed business name or other designation to describe a place, institution, organization or agency where or in connection with which the psychologist conducts practice. [1963 c.396 §2; 1971 c.362 §1; 1973 c.777 §2; 1987 c.158 §136; 1993 c.585 §2; 1995 c.810 §2] 675.025 Application of ORS 58.325 to 58.365. ORS 58.325 to 58.365 shall not apply to professional corporations rendering psychological services. [1985 c.90 §11] 1 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (Licensing) 675.030 Licensing of psychologists after examination; requirements; fee; resident designation; rules. (1) Upon application for licensure accompanied by the established fee, the Oregon Board of Psychology shall issue a psychologist license to an applicant who performs to the satisfaction of the board in examinations prescribed by the board and furnishes evidence satisfactory to the board that the applicant: (a) Has complied with all applicable provisions of ORS 675.010 to 675.150 and the applicable rules of the board; (b) Holds a doctoral degree in psychology from an approved doctoral program in psychology; (c) Has satisfactorily completed courses and training required by the board; (d) Has had two years of supervised employment in the field of psychology: (A) Under the direction of a psychologist licensed in Oregon or under the direction of a person considered by the board to have equivalent supervisory competence; or (B) In the military; and (e) Is of good moral character. For purposes of this section, the lack of good moral character may be established by reference to acts or conduct that reflect moral turpitude or to acts or conduct that would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation. The conduct or acts in question must be rationally connected to the applicant’s fitness to practice psychology. (2) The board shall adopt rules by which a person receiving post-doctoral supervision during the application process may enter into a contract to practice psychology under the supervision of a licensed psychologist, psychologist associate or a person considered by the board to have equivalent supervisory competence. An applicant who enters such a contract shall be designated as a psychologist resident or a psychologist associate resident, accordingly, and shall be subject to ORS 675.010 to 675.150. [1963 c.396 §3; 1973 c.777 §3; 1985 c.90 §3; 1991 c.311 §1; 1991 c.490 §2; 1993 c.585 §3; 2005 c.7 §1; 2012 c.43 §4; 2017 c.6 §4] 675.040 Examinations for licensing. (1) Examinations administered by the Oregon Board of Psychology for applicants for licenses under ORS 675.010 to 675.150 shall be held at least once every year at such times and places as the board may determine. Timely and appropriate notice shall be sent to each applicant. (2) Any applicant may, upon written request to the board, discuss the applicant’s performance on the board administered examination with the board. (3) Any applicant who fails to make a passing grade on the board administered examination shall be allowed to take the examination a second time. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again. [1963 c.396 §4; 1973 c.777 §6; 2005 c.7 §2; 2017 c.6 §5] 675.045 Examinations administered by board; rules. (1) The Oregon Board of Psychology shall adopt rules governing examinations required by the board. (2) When the board requires a board administered examination, the board shall: (a) Maintain a complete record of the proceedings and of the questions asked and responses given; and (b) Inform applicants in writing of the examination results for each tested subject area. 2 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (3) Upon written request to the board, an applicant who fails a board administered examination may review the record of the examination. To ensure and maintain test security, the applicant shall sign a confidentiality agreement prior to reviewing the record of the examination. (4) Any applicant who fails a board administered examination shall be: (a) Allowed to petition the board to reconsider the results of the entire examination or the results of a particular tested area. (b) Reexamined only in the tested areas in which the applicant did not receive a passing grade. [1985 c.90 §6; 1997 c.681 §1; 2005 c.7 §3; 2017 c.6 §6] 675.050 Licensing without national examination; fee; rules. (1) Upon application for licensure accompanied by the established fee, the Oregon Board of Psychology may issue a license, without national examination, to any applicant who furnishes evidence satisfactory to the board that the applicant: (a) Holds a doctoral degree from an approved doctoral program in psychology and is licensed or certified to practice psychology in another state in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to licensing requirements of ORS 675.010 to 675.150 and the rules of the board; (b) Is a diplomate in good standing of the American Board of Professional Psychology; (c) Is licensed in a jurisdiction that is a party to a licensing reciprocity agreement with the State of Oregon and meets the requirements for reciprocity in the agreement; (d) Possesses a valid Certificate of Professional Qualification granted by the Association of State and Provincial Psychology Boards or is credentialed as a Health Service Provider in Psychology by the National Register of Health Service Providers in Psychology; or (e)(A) Possesses and has maintained for at least 15 years a license to practice psychology that is based on a doctoral degree and that is issued by a board that is a member jurisdiction of the Association of State and Provincial Psychology Boards; and (B) Meets other requirements established by the Oregon Board of Psychology. (2) The Oregon Board of Psychology shall adopt by rule and administer an examination on Oregon law to an applicant described in subsection (1) of this section. [1963 c.396 §5; 1973 c.777 §7; 1985 c.90 §4; 1991 c.320 §1; 1993 c.585 §4; 2003 c.14 §429; 2003 c.316 §1; 2005 c.7 §4; 2017 c.6 §7] 675.063 Limited permit to practice as psychologist; duration. Upon application therefor and payment of the required fee, the Oregon Board of Psychology may issue a limited permit to practice as a psychologist to an applicant holding a certificate or license to practice psychology issued by another state whose requirements are, in the judgment of the board, essentially equivalent to those required by ORS 675.010 to 675.150. The limited permit shall be valid for a period of not more than 180 calendar days in any 24-month period. [1973 c.777 §15; 1987 c.56 §1; 1997 c.249 §204; 1999 c.59 §201; 2017 c.6 §8] 675.065 [1973 c.777 §5; 1987 c.158 §137; 1991 c.490 §3; 1993 c.585 §5; 1999 c.443 §2; 2005 c.7 §5; 2017 c.6 §9; repealed by 2021 c.211 §5] (Temporary provisions relating to psychologist associate licenses issued before January 1, 2022) Note: Sections 1, 2 and 4, chapter 211, Oregon Laws 2021, provide: 3 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS 675.010 to 675.150. [2021 c.211 §1] Sec. 2. (1) A psychologist associate licensed by the Oregon Board of Psychology before the operative date specified in section 6 of this 2021 Act [January 1, 2022] may perform specific functions within the practice of psychology if the psychologist associate is under the periodic direct supervision of a psychologist licensed by the board. The functions may include, but are not limited to: (a) Administering tests of mental abilities; and (b) Conducting personality assessments and counseling, including educational and vocational planning. (2) Upon a petition by a psychologist associate, the board may grant to the psychologist associate the authority to perform the functions specified under subsection (1) of this section without periodic direct supervision. (3) The board may adopt rules to carry out this section. [2021 c.211 §2] Sec. 4. The Oregon Board of Psychology shall continue to regulate persons who were licensed by the board as psychologist associates before the operative date specified in section 6 of this 2021 Act [January 1, 2022]. [2021 c.211 §4] 675.070 Authorized sanctions; grounds for imposing sanctions; civil penalty. (1) If any of the grounds enumerated in subsection (2) of this section exist, the Oregon Board of Psychology may impose any of the following sanctions: (a) Deny a license to an applicant; (b) Refuse to renew the license of a psychologist or psychologist associate; (c) Suspend the license of a psychologist or psychologist associate for a period of not less than one year; (d) Issue a letter of reprimand; (e) Impose probation with authority to restrict the scope of practice of a psychologist or psychologist associate or require practice under supervision; (f) Revoke the license of a psychologist or psychologist associate; or (g) Impose a civil penalty as described in subsection (3) of this section. (2) The board may impose a sanction listed in subsection (1) of this section against a psychologist or psychologist associate or applicant, or, if applicable, an unlicensed person found in violation of ORS 675.010 to 675.150, when, in the judgment of the board, the person: (a) Has an impairment as defined in ORS 676.303; (b) Has been convicted of violation of a law relating to controlled substances; (c) Has been convicted of a felony or misdemeanor involving moral turpitude; (d) Is guilty of immoral or unprofessional conduct or of gross negligence in the practice of psychology, including but not limited to: (A) Conduct or practice contrary to recognized standard of ethics of the psychological profession or conduct or practice that constitutes a danger to the health or safety of a patient or the public, or conduct, practice or a condition that adversely affects a psychologist or psychologist associate’s ability to practice psychology safely and skillfully. (B) Willful ordering or performing of unnecessary tests or studies, administration of unnecessary treatment, failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care, or otherwise ordering or performing a psychological service or treatment that is contrary to recognized standards of practice of the psychological profession; (e) Has practiced or attempted to practice medicine without being licensed to do so; 4 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (f) Has obtained or attempted to obtain a license under ORS 675.010 to 675.150 by fraud or material misrepresentation; (g) Has impersonated a licensed psychologist or psychologist associate or has allowed another person to use the license of the psychologist; (h) Has violated a provision of ORS 675.010 to 675.150 or 675.850 or a provision of the code of professional conduct formulated under ORS 675.110 (13); (i) Has obtained a fee or payment from a patient or third party payer through fraud or intentional misrepresentation; or (j) Notwithstanding ORS 670.280, has been convicted of a sex crime as defined in ORS 163A.005 or has been convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime as defined in ORS 163A.005. (3) The board may impose a civil penalty under subsection (1) of this section: (a) In an amount not to exceed $5,000; or (b) In an amount not to exceed $10,000, if any of the following conditions exist: (A) The conduct giving rise to the penalty had a serious detrimental effect on the health or safety of another person; (B) The person subject to the penalty has a history of discipline for the same or similar conduct; (C) The conduct giving rise to the penalty involves a willful or reckless disregard of the law; (D) The conduct giving rise to the penalty was perpetrated against a minor, an elderly person or a person with a disability; or (E) The person subject to the penalty violated ORS 675.020 by practicing psychology or representing that the person is a psychologist without having a license. (4) If a conviction described in subsection (2) of this section is used as grounds for denial, refusal, suspension, revocation, reprimand, probation or imposition of a civil penalty, a certified copy of the record of the conviction shall be conclusive evidence. (5) The board may license an applicant or renew or restore a license suspended or revoked under subsection (2)(a) of this section due to a mental health condition if the board determines that the applicant or former licensed psychologist or former psychologist associate no longer has an impairment due to a mental health condition. (6) License suspension or revocation in another state is grounds for license denial or disciplinary action by the board. [1963 c.396 §8; 1973 c.777 §10; 1979 c.744 §49; 1985 c.90 §7; 1989 c.44 §1; 1989 c.217 §1; 1989 c.444 §1; 2009 c.441 §1; 2009 c.756 §6; 2015 c.79 §2; 2015 c.611 §1; 2017 c.6 §10; 2017 c.104 §12] 675.075 Confidentiality of information obtained under ORS 675.070 or 675.085. (1) Any information that the Oregon Board of Psychology obtains under ORS 675.070 or 675.085 is confidential as provided under ORS 676.175. (2) Any person who in good faith provides information to the board shall not be subject to an action for civil damages as a result thereof. [1989 c.438 §2; 1997 c.791 §10; 2017 c.6 §11] 675.085 Investigation; disciplinary procedure. (1) Upon receipt of a complaint under ORS 675.010 to 675.150, the Oregon Board of Psychology shall conduct an investigation as described under ORS 676.165. (2) Where the board proposes to refuse to issue a license or to impose any disciplinary action under ORS 675.070, opportunity for hearing shall be accorded as provided in ORS chapter 183. The board shall render its decision within 30 days after the hearing. 5 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (3) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. [1971 c.734 §117; 1973 c.777 §11; 1985 c.90 §8; 1997 c.791 §11; 2017 c.6 §12] 675.087 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license. The lapse, suspension or revocation of a license issued under ORS 675.010 to 675.150 by the operation of law, by order of the Oregon Board of Psychology or by the decision of a court of law, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee or to revise or render null and void an order suspending or revoking the license. [2005 c.8 §2; 2017 c.6 §13] 675.090 Application of ORS 675.010 to 675.150. (1) ORS 675.010 to 675.150 do not apply to: (a) A person who teaches psychology, conducts psychological research or provides consulting services to an organization or institution, provided that the person does not supervise direct psychological services and does not treat any behavioral, emotional or mental disorder of an individual. (b) The provision of expert testimony by a person described in paragraph (a) of this subsection. (c) A graduate student enrolled in an approved psychology program who is pursuing a graduate degree in psychology, provided that the graduate student renders services only for academic credit as part of an organized and supervised training program. (d) A person pursuing certification, licensure or a graduate degree in any of the certified or licensed professions exempted from ORS 675.010 to 675.150. (e) A person who is licensed, certified or otherwise authorized by the State of Oregon to provide mental health services, provided that the services are rendered within the person’s lawful scope of practice and that the person does not use the title “psychologist” in connection with the activities described in this paragraph. (f) A person who is employed by a local, state or federal government agency or a public university listed in ORS 352.002, or employed by a community mental health program or drug and alcohol treatment program licensed or certified by the State of Oregon, to the extent that the person’s activities and services are rendered within the person’s scope of employment and are performed within the confines of the employing agency and provided that the person does not use the title “psychologist” in connection with the activities authorized under this paragraph. (g) A person who is a recognized member of the clergy, provided that the person is acting in the person’s ministerial capacity and does not use the title “psychologist.” (h) A person who has credentials as a school psychologist, provided that the person is an employee of an educational institution and practices only within a school setting. A person acting under this paragraph may use the title “school psychologist.” (2)(a) Notwithstanding subsection (1)(f) of this section, a person with a doctoral degree in psychology who is employed by and practicing psychology at a local, state or federal government agency, a public university listed in ORS 352.002 or a community mental health program or drug and alcohol treatment program licensed or certified by the State of Oregon may practice psychology without a license under ORS 675.010 to 675.150 for no more than 24 months after the person begins practicing psychology at the agency or program. (b) Before the person obtains a license under ORS 675.010 to 675.150: 6 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (A) The person may practice psychology only within the scope of the person’s employment and within the confines of the employing agency or program; and (B) The person may not use the title “psychologist.” (3) A person performing the functions described in subsection (1)(a) and (b) of this section may use the title “psychologist” only if the person holds a doctoral degree in psychology from an approved doctoral program in psychology. (4) A person described in subsection (1)(c) of this section may use the title “psychological intern” or “psychological trainee,” provided that the training program described in subsection (1)(c) of this section is under the supervision and responsibility of a licensed psychologist in accordance with rules adopted by the Oregon Board of Psychology. (5) Nothing in this section exempts from ORS 675.010 to 675.150 a person whose license to practice psychology is revoked or suspended because the person engaged in sexual activity with a client. [1963 c.396 §10; 1971 c.362 §2; 1973 c.777 §8; 1985 c.90 §9; 1989 c.491 §66; 1991 c.67 §178; 1993 c.585 §6; 1995 c.810 §3; 1997 c.249 §205; 2009 c.441 §2; 2013 c.59 §1; 2017 c.6 §14; 2019 c.384 §4] (Board) 675.100 Oregon Board of Psychology. (1) There hereby is created the Oregon Board of Psychology consisting of nine members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be Oregon residents. Of the members of the board: (a) Six of the members must have doctoral or master’s degrees with primary emphasis in psychology and must be licensed psychologists or former licensed psychologists who are retired from the practice of psychology; and (b) Three of the members must be members of the public and may not be: (A) Otherwise eligible for appointment to the board; or (B) A spouse, domestic partner, child, parent or sibling of a licensed psychologist. (2)(a) Board members required to be licensed psychologists may be appointed from a list of three to five nominees for each vacancy, submitted by any professional organization that represents psychologists. (b) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to: (A) Geographic areas of this state; and (B) Ethnic group. (3)(a) The term of office of a board member is three years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. (b) Before the expiration of the term of a member, the Governor shall appoint a successor to assume duties on July 1 next following. A member is eligible for reappointment. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (c) A board member shall be removed immediately from the board if, during the member’s term, the member: (A) Is not a resident of this state; (B) Has been absent from three consecutive board meetings, unless at least one absence is excused; or 7 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (C) Is not a licensed psychologist or a retired psychologist who was a licensed psychologist in good standing at the time of retirement, if the board member was appointed to serve on the board as a psychologist. (4) Before entering upon the duties of office, each board member shall subscribe to an oath that the member will faithfully and impartially discharge the duties of office and that the member will support the Constitution of the United States and the Constitution of this state. The oath shall be filed with the Secretary of State. (5) Each member of the board is entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. [1963 c.396 §11; 1969 c.314 §77; 1973 c.777 §9a; 1973 c.792 §32; 2009 c.400 §1; 2009 c.535 §1; 2009 c.756 §7; 2017 c.6 §15] 675.110 Powers of board; rules; fees. In addition to the powers otherwise granted under ORS 675.010 to 675.150, the Oregon Board of Psychology has all powers necessary or proper to: (1) Determine qualifications of applicants to practice psychology in this state, prepare, conduct and grade examinations and license qualified applicants who comply with the provisions of ORS 675.010 to 675.150 and the rules of the board. (2) Grant or deny renewal of licenses and renew licenses that have lapsed for nonpayment of the renewal fee, subject to the provisions of ORS 675.010 to 675.150. (3) Suspend or revoke licenses, subject to ORS 675.010 to 675.150. (4) Issue letters of reprimand and impose probationary periods with the authority to restrict the scope of practice of a licensed psychologist or to require practice under supervision. (5) Impose civil penalties as provided in ORS 675.070. (6) Restore licenses that have been suspended or revoked or voided by nonpayment of the renewal fee. (7) Collect fees for application, examination and licensing of applicants, for renewal of licenses and for issuance of limited permits and use the fees to defray the expenses of the board as provided in ORS 675.140. (8) Collect a delinquent renewal fee for licenses renewed after the deadline for renewal but before the grace period for renewal has expired. (9) Investigate alleged violations of ORS 675.010 to 675.150. (10) Issue subpoenas for the attendance of witnesses, take testimony, administer oaths or affirmations to witnesses, conduct hearings and require the production of relevant documents in all proceedings pertaining to the duties and powers of the board. (11) Enforce ORS 675.010 to 675.150 and exercise general supervision over the practice of psychology in this state. (12) Adopt a common seal. (13) Formulate a code of professional conduct for the practice of psychology giving particular consideration to the Ethical Standards of Psychologists promulgated by the American Psychological Association. (14) Establish standards of service and training and educational qualifications for rendering ethical psychological services in this state, including the formulation of standards for the issuance of licenses for areas of special competence. (15) Formulate and enforce continuing education requirements for duly licensed psychologists to ensure the highest quality of professional services to the public. 8 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists (16) Deny renewal of a license, or renewal of a license that has lapsed for nonpayment of the renewal fee, unless the applicant completes, or provides documentation of completion within the previous 36 months of: (a) A one-hour pain management education program approved by the board and developed based on recommendations of the Pain Management Commission; or (b) An equivalent pain management education program, as determined by the board. (17) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, require the fingerprints of a person who is: (a) Applying for a license that is issued by the board; (b) Applying for renewal of a license that is issued by the board; or (c) Under investigation by the board. (18) Prescribe, in consultation with the Oregon Board of Licensed Professional Counselors and Therapists, the duties of the Director of the Mental Health Regulatory Agency. (19) Subject to the applicable provisions of ORS chapter 183, adopt reasonable rules to carry out the provisions of ORS 675.010 to 675.150. [1963 c.396 §12; 1973 c.39 §1; 1973 c.777 §12; 1983 c.289 §1; 1985 c.90 §10; 2001 c.987 §12; 2003 c.630 §§1,2; 2005 c.730 §§62,63; 2007 c.94 §1; 2011 c.96 §1; 2017 c.6 §16; 2017 c.104 §13; 2021 c.50 §4] 675.115 How fees determined. Subject to prior approval of the Oregon Department of Administrative Services, the fees and charges established under ORS 675.110 shall not exceed the cost of administering the regulatory program of the Oregon Board of Psychology pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board. [1983 c.289 §2; 1991 c.703 §19; 2017 c.6 §17; 2023 c.602 §16] Note: 675.115 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 675 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 675.130 Officers; quorum; meetings; records; executive director. (1) The Oregon Board of Psychology shall select one of its members as chairperson, and another as vice chairperson, for the terms and with the powers and duties necessary for the performance of the functions of the offices determined by the board. (2) A majority of the board constitutes a quorum for the transaction of business. (3) The board shall meet at least once a year at a place, day and hour determined by the board. The board shall also meet at other times and places as specified by the call of the chairperson, or of a majority of the members of the board or of the Governor. (4) The board shall maintain records of all board proceedings under ORS 675.010 to 675.150. (5) The board shall maintain a register of all living psychologists licensed under ORS 675.010 to 675.150 that includes the names, last-known business addresses, last-known residential addresses and the dates and numbers of the licenses of the psychologists. [1963 c.396 §14; 1973 c.777 §14; 1983 c.740 §249; 2009 c.756 §8; 2017 c.6 §18; 2017 c.104 §14] 675.140 Oregon Board of Psychology Account; appropriation. On or before the 10th day of each month, the Oregon Board of Psychology shall pay into the State Treasury all moneys received by the board during the preceding calendar month. The State Treasurer shall credit the moneys to the Oregon Board of Psychology Account. The moneys in the Oregon Board of 9 Oregon Revised Statutes: 2021 Edition – Chapter 675 - Psychologists Psychology Account are continuously appropriated to the board for the purpose of paying the expenses of administering and enforcing ORS 675.010 to 675.150, 675.172, 676.850 and 676.860. [1963 c.396 §15; 1967 c.637 §28; 1973 c.777 §17; 2013 c.240 §3; 2017 c.6 §19; 2017 c.104 §15; 2017 c.511 §3; 2021 c.114 §3] (Miscellaneous) 675.145 Duty to report prohibited conduct. Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensed psychologist who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 §26] (Enforcement) 675.150 Enforcement procedures. The Oregon Board of Psychology may institute and commence injunction proceedings in any circuit court in Oregon to enjoin the unlawful practice of psychology. In any such proceeding it shall not be necessary to show that any person is individually injured by the actions complained of. If the person complained of is found by the court to have unlawfully engaged in practice of psychology, the court may enjoin the person from so practicing. Procedure in such cases shall be the same as any other injunction suit. The remedy by injunction hereby given is in addition to criminal prosecution and punishment. [1973 c.777 §13; 2017 c.6 §21] PENALTIES 675.990 Penalties. (1)(a) Violation of any provision of ORS 675.010 to 675.150 is a Class C misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, violation of ORS 675.020 is a Class A misdemeanor. (2) Violation of any provision of ORS 675.220 is a Class B misdemeanor. (3) The following shall be Class C misdemeanors: (a) Any violation of ORS 675.520; (b) Obtaining or attempting to obtain or renew an authorization to practice regulated social work by bribery or fraudulent representation; (c) Knowingly making a false statement in connection with any application for an authorization to practice regulated social work under ORS 675.510 to 675.600; or (d) Knowingly making a false statement on any form adopted by the State Board of Licensed Social Workers in accordance with ORS 675.510 to 675.600, or the rules adopted under ORS 675.510 to 675.600. [1963 c.396 §18; 1973 c.777 §18; subsection (2) enacted as 1977 c.858 §18; subsection (3) enacted as 1977 c.677 §11; 1979 c.769 §10; 1989 c.721 §44; subsection (1)(b) of 1995 Edition enacted as 1995 c.810 §4; 2009 c.442 §25]    10 Oregon Administrative Rules – Chapter 858 OREGON BOARD OF PSYCHOLOGY Oregon Administrative Rules Chapter 858 The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. DIVISION 10 - PROCEDURAL RULES 858-010-0001 Definitions (1) The practice of psychology is defined to include: (a) “Evaluation” means assessing or diagnosing mental disorders or mental functioning, including administering, scoring, and interpreting tests of mental abilities or personality; (b) “Therapy” means, but is not limited to, treating mental disorders as defined by the most current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association; (c) “Consultation” means conferring or giving expert advice on the diagnosis or treatment of mental disorders; (d) “Supervision” means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual consultation, guidance and instruction with respect to the skills and competencies of the person supervised. (2) “ABPP” means the American Board of Professional Psychology. (3) “APA” means the American Psychological Association. (4) “Applicant” means a person who submits a complete application for licensure with the appropriate fees. (5) “ASPPB” means the Association of State and Provincial Psychology Boards. (6) “Board” means the Oregon Board of Psychology. (7) “Candidate for Licensure” means a person who has satisfactorily completed the appropriate educational and experience requirements for licensure and has been deemed eligible by the Board to sit for the required examinations. (8) “CE” means continuing education. 11 Oregon Administrative Rules – Chapter 858 (9) “Client” or “patient” means direct recipients of psychological services, which may include child, adolescent, adult, older adult, couple, family, group, organization, community, or any other individual. (10) “CPQ” means the Certificate of Professional Qualification in Psychology issued by the Association of State and Provincial Psychology Boards. (11) “Demonstrable areas of competence” means those therapeutic and assessment methods and techniques, and populations served, for which one can document adequate graduate training, workshops, or appropriate supervised experience. (12) “Developed Areas of Practice” means: (a) National recognition of the practice area by a national organization(s) whose purpose includes recognizing or representing and developing the practice area, by relevant divisions of the APA, or by involvement in similar umbrella organizations; (b) An accumulated body of knowledge in the professional literature that provides a scientific basis for the practice area including empirical support for the effectiveness of the services provided; (c) Representation by or in a national training council that is recognized, functional, and broadly accepted; (d) Development and wide dissemination by the training council of doctoral educational and training guidelines consistent with the Accreditation Guidelines & Principles; (e) Existence of the practice area in current education and training programs; and (f) Geographically dispersed psychology practitioners who identify with the practice area and provide such services. (13) “EPPP” means the Examination for Professional Practice in Psychology developed and owned by the Association of State and Provincial Psychology Boards. (14) “Full-time graduate study” means six semester hours or nine quarter hours. (15) “HIPDB” means the Healthcare Integrity and Protection Data Bank maintained by the U.S. Department of Health and Human Services. (16) “HSPP” means the Health Service Provider in Psychology credential issued by the National Register of Health Service Providers in Psychology. (17) “Internship” means an ongoing, supervised and organized practical experience obtained in an integrated training program identified as a psychology internship. Other supervised experience or on-the-job training does not constitute an internship. 12 Oregon Administrative Rules – Chapter 858 (18) “NPDB” means the National Practitioner Data Bank maintained by the U.S. Department of Health and Human Services. (19) “OPA” means the Oregon Psychological Association. (20) “Practicum” means a formal, pre-degree organized training experience designed to develop a foundation of clinical skills and professional competence with diverse client populations, and to prepare for more substantial responsibilities required in internship. (21) “Psychology program” means an integrated program of doctoral study designed to train professional psychologists to deliver services in psychology. (22) “Regional accrediting agency” means one of the six regional accrediting agencies recognized by the United States Secretary of Education established to accredit senior institutions of higher education. (23) “Residency” means a post-terminal degree, supervised experience approved by the board. (24) “Specialty” means a defined area of psychological practice that requires advanced knowledge and skills acquired through an organized sequence of education and training. The advanced knowledge and skills specific to a specialty are obtained subsequent to the acquisition of core scientific and professional foundations in psychology. (25) “Supervision” means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual and group consultation, guidance and instruction with respect to the skills and competencies of the person supervised. (26) “Supervisor” means an individual who assumes full responsibility for the education and training activities of a person and provides the supervision required by such a person. (27) “Treatment” means services provided to an individual, group or organization for the purpose of improving mental health and/or alleviating behavioral, emotional or mental disorders. 858-010-0002 Guidelines for Supervising Technicians A licensee may delegate administration and scoring of tests to technicians as provided in ORS 675.010(4) if the licensee ensures the technicians are adequately trained to administer and score the specific test being used; and ensures that the technicians maintain standards for the testing environment and testing administration as set forth in the American Psychological Association Standards for Educational and Psychological Tests (1999) and Ethical Principles for Psychologists (2002). 858-010-0003 Psychology Practice in Oregon A person practices psychology in Oregon if: 13 Oregon Administrative Rules – Chapter 858 (1) The person renders or offers to render supervision, consultation, evaluation, or therapy services to an individual located in Oregon, or to a group or organization which includes an individual located in Oregon, regardless of whether the services are rendered, or offered to be rendered, in-person or by telephone, virtual means, or other remote communications technology; or (2) The person represents to an individual located in Oregon that the person is a psychologist, regardless of whether that representation is targeted to the individual or made generally. 858-010-0005 Board Duties and Procedure (1) Board Meetings. The Board shall meet as necessary at a time and place specified by the Board and at such other times and places as specified by the chair of the Board, a majority of members of the Board or by the Governor. The time and place of all meetings shall be posted on the Board’s website. (2) Board Members. Board members shall receive a per diem of $75 a day for board meetings, conference attendance, presentations and Board committee meetings when acting in their official capacity. (3) Internal Organization. At the last meeting in each fiscal year, the first order of business shall be organizational matters, including election of Board chair and vice-chair and the assignment of standing responsibilities to Board members. The term of the chair, vice-chair or any standing assigned responsibility can be changed or terminated at any meeting where the proposal has been placed on the agenda and sent to the members one week in advance of the meeting, or by unanimous consent of the Board. (4) Chair and Vice Chair Responsibilities: (a) The chair is authorized to take emergency action between Board meetings. “Emergency action” means an action that is required on short notice to protect the public from harm, including temporary administrative rulemaking and orders of emergency suspension. All emergency actions of any kind shall be noted in the agenda for the next meeting for ratification by the Board. (b) The vice-chair shall perform the duties of the chair when the chair is unable to do so. (5) Board Communications. Only the Board chair shall write other than routine or form letters in the name of the Board unless members are specifically authorized in a Board meeting to do so. The Board should approve in advance any correspondence that may materially affect Board policies and procedures. When a delay might render the Board's functioning ineffective, the chair may be required to take immediate action that shall be reviewed at the next meeting of the Board. (6) Board Files. All Board files shall be assembled in the Board's official office. The Board Executive Director shall maintain the Board's files under the direction of the chair. The Board Executive Director shall maintain a master record of any files that are checked out of the Board office by Board members. The Board Executive Director shall be notified whenever any Board file is transferred from the possession of one person to another, and shall so note in the Board's 14 Oregon Administrative Rules – Chapter 858 records. Individuals who have in their possession documents or files pertaining to Board affairs are responsible for their protection and privacy. (7) Minutes and Agendas (a) The minutes of a meeting shall ordinarily be distributed to all Board members at least one week in advance of the next meeting; and (b) The agenda shall ordinarily be prepared by the Board chair or Board Executive Director and distributed to all Board members at least one week before each meeting. The agenda items shall include reports by the Board Executive Director, the chair and each Board member who has received a specific assignment at the previous meeting or has a report to make regarding standing assignments. If there is insufficient time to inform the Board chair, the Board Executive Director shall make additional scheduling at the direct request of Board members. The Board may at its discretion, revise the agenda or limit it to a particular topic under special circumstances. Reports may be added as an addendum to the minutes of any meeting. (8) 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 Procedure Act. 858-010-0007 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of a permanent rule, the Board of Psychology shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin pursuant to in ORS 183.360; (2) By mailing or emailing a copy of the notice to individuals on the Board's mailing list established pursuant to ORS 183.335(8); (3) By mailing or emailing a copy of the notice to the following individuals, organizations, or publications: (a) All licensees of the Board; (b) Oregon Psychological Association; and (c) All applicants for licensure. (4) Prior to the adoption, amendment, or repeal of any rule of the Board relating to continuing education, the Board shall additionally mail a copy of the notice to the State Higher Education Coordinating Commission. 858-010-0010 Education Requirements – Psychologist To meet the education requirement of ORS 675.030(1), applicants for licensure must possess a doctoral degree in psychology from an approved doctoral program in psychology, as set forth below: 15 Oregon Administrative Rules – Chapter 858 (1) A program accredited by the American Psychological Association (APA) or the Canadian Psychological Association (CPA) as of the date the degree was conferred; or (2) A program at an institution of higher learning that was accredited by a regional accrediting agency as of the date the degree was conferred, if the program submitted an application to the APA or CPA for accreditation prior to the date the degree was conferred and has been granted a site visit by the APA or CPA. The program must not have withdrawn its APA or CPA accreditation application or have been denied accreditation as of the date the licensure applicant enrolled in the program; or (3) A foreign program where APA or CPA accreditation is not available. The applicant must have their program evaluated by a credentialing body recognized by the Board. Submission of foreign degree evaluation and cost of the foreign degree qualification determination are the responsibility of the applicant. The applicant must show that their graduate program in psychology meets all of the following requirements: (a) A minimum of three academic years of full-time graduate study. (b) A minimum of one continuous year in-residence at the institution from which the degree is granted. (A) One continuous year means two consecutive semesters or three consecutive quarters. (B) In-residence means physical presence, in person, at an educational institution or training facility in a manner that facilitates acculturation into the profession, the full participation and integration of the individual in the educational and training experience, and includes faculty and student interaction. (C) The doctoral program may include distance education, but a minimum of one continuous year of the program shall be in-residence. Programs that use physical presence, including face- to-face contact for durations of less than one continuous year, (e.g., multiple long weekends and/or summer intensive sessions) or that use video teleconferencing or other electronic means as a substitute for physical presence at the institution do not meet the in-residence requirement. (c) The program, wherever it may be administratively housed, must be clearly identified and labeled as a program in psychology. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists. (d) The psychology program must stand as a recognizable, coherent organizational entity within the institution. (e) There must be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines. (f) The program must be an integrated, organized sequence of study. (g) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities and a psychologist responsible for the program. 16 Oregon Administrative Rules – Chapter 858 (h) The program must have an identifiable body of students who are matriculated in that program for a degree. (i) The program must include a coordinated, sequential and supervised practicum appropriate to the practice of psychology as described in OAR 858-010-0012. (j) The program must include a coordinated, sequential and supervised internship, field or laboratory training appropriate to the practice of psychology as described in OAR 858-010-0013. (k) The curriculum of the program must: (A) Encompass a minimum of three academic years of full time graduate study, including a minimum of one continuous year in residence at the educational institution granting the doctoral degree; (B) Require an original dissertation or equivalent that was psychological in nature that meets the requirement for an approved doctoral program; and (C) Include at least 30 semester hours or 45 quarter hours of credit in graded (not “pass-no pass”) courses. (l) The core program shall include a minimum of three graduate semester hours or 4.5 or more graduate quarter hours (when an academic term is other than a semester, credit hours will be evaluated on the basis of 15 hours of classroom instruction per semester hour) in each of the following substantive content areas: (A) Scientific and professional ethics and standards; (B) Research design and methodology; (C) Statistics; (D) Psychometric theory; (E) Biological bases of behavior such as physiological psychology, comparative psychology, neuropsychology, sensation and perception, physical ergonomics, or psychopharmacology; (F) Cognitive-affective bases of behavior such as learning, thinking, motivation, emotion, memory, cognitive information processing, or social cognition; (G) Social bases of behavior such as social psychology, group processes, organizational and systems theory; and (H) Individual differences in behavior such as personality theory, human development, personnel psychology or abnormal psychology. (m) All professional education programs in psychology must include course requirements in developed practice areas/specialties. 17 Oregon Administrative Rules – Chapter 858 (n) The program must demonstrate that it provides training relevant to the development of competence to practice in a diverse and multicultural society. (o) Demonstration of competence in clinical psychology shall be met by a minimum of 18 graduate semester hours or 27 graduate quarter hours in the following areas: personality and intellectual assessment, diagnosis, therapeutic intervention, and evaluating the efficacy of intervention. (p) If the program does not meet the core and/or clinical coursework requirements of (l) and (o), the applicant for licensure may remedy a deficiency of up to 6 semester hours or 9 quarter hours by completing graduate level coursework in the deficient content area(s) at a regionally accredited institution. (4) Applicants must provide syllabi or other documentation regarding course content upon the Board’s request. 858-010-0012 Practicum (1) The degree program required in OAR 858-010-0010 must include an organized practicum of at least two semesters (or three quarters) and at least 300 hours of supervised psychological services as defined in OAR 858-010-0036(1)(b). (2) Supervision must include the following: (a) Discussion of services provided by the student; (b) Selection of service plan for and review of each case or work unit of the student; (c) Discussion of and instruction in theoretical concepts underlying the work; (d) Discussion of the management of professional practice and other administrative or business issues; (e) Evaluation of the supervisory process by the student and the supervisor; (f) Discussion of coordination of services among the professionals involved in the particular cases or work units; (g) Discussion of relevant state laws and rules; (h) Discussion of ethical principles including principles applicable to the work; (i) Review of standards for providers of psychological services; and (j) Discussion of reading materials relevant to cases, ethical issues and the supervisory process. 18 Oregon Administrative Rules – Chapter 858 858-010-0013 Internship (1) Applicants must successfully complete an organized internship as part of the degree program required in OAR 858-010-0010. (2) The internship must include at least 1,500 hours of supervised experience and be completed within twenty-four months. (3) The internship program must meet the following requirements: (a) The internship must have a written statement or brochure describing the goals and content of the internship, stating clear expectations and quality of student work, and made available to prospective interns. (b) A psychologist licensed by the appropriate state or provincial licensing authority must be clearly designated as responsible for the integrity and quality of the internship program. (c) Interns must use titles indicating their training status. (d) The internship must be designed to provide a planned sequence of training experiences focusing on breadth and quality of training. Supervision and training related to ethics must be ongoing. (e) At least twenty-five percent of the internship experience must be in direct client contact providing assessment and intervention services. (f) For every 40 hours of internship experience, the student must receive: (A) At least 2 hours of regularly scheduled, formal, one-on-one individual supervision that addresses the direct psychological services provided by the intern; and (B) At least 2 hours of other learning activities such as case conferences, seminars on applied issues, conducting co-therapy with a staff person including discussion of the case, and group supervision. (4) Supervision of the internship experience. (a) The internship setting must have two or more psychologists available as supervisors, at least one of whom is licensed as a psychologist. (b) The internship experience must be supervised by the person(s) responsible for the assigned casework. (c) At least seventy-five percent of the supervision must be by a licensed psychologist with two years post-license experience. 19 Oregon Administrative Rules – Chapter 858 858-010-0016 Standard Application Procedure (1) Filing of Applications. Applicants must submit a complete application for licensure to the Board. The Board shall process each submitted application to determine if the application file is ready for review. Applications are considered ready for review for completeness when the following items have been received: (a) Final graduate level transcript(s) imprinted with date degree was awarded; (b) Reference forms; (c) Social Security Number Authorization form; (d) For non-APA accredited schools only: (A) University Accreditation form; (B) Educational Record in Psychology form; and (C) Verification of pre-degree supervised work. (e) Verification of post-degree supervised work experience (if completed); (f) National written examination (EPPP) score (if taken); (g) Verification of licensure in good standing in other states (if any); (h) Application fee; (i) Fingerprinting fee and results of the criminal background check; and (j) Other clarifying information requested by the Board. (2) The Board may issue a license if the candidate for licensure: (a) Meets the education requirements of OAR 858-010-0010; (b) Completes the supervised work experience requirements of OAR 858-010-0036 or 858-010- 0037. (c) Passes the national written examination (EPPP); and (d) Passes the Oregon Jurisprudence Examination. 20 Oregon Administrative Rules – Chapter 858 858-010-0017 Licensure by Endorsement Applicants that possess and have maintained an active license to practice psychology issued by a board that is a member jurisdiction of the Association of State and Provincial Psychology Boards based on a doctoral degree may be licensed by endorsement. (1) All applicants for licensure by endorsement must submit the following items before their application file will be reviewed for completeness: (a) A complete Licensure by Endorsement Application; (b) Fingerprinting fee and results of criminal background check per OAR 858-010-0034; (c) An official verification of licensure in good standing from each health care professional license or registration, current or expired; and (d) Other clarifying information or documentation required by the Board. (2) Applicants who have maintained an active psychologist license for fewer than 15 years must: (a) In addition to the materials in section (1) above, submit the following items before their application file will be reviewed for completeness: (A) Official doctoral degree transcript imprinted with the date the degree was awarded; (B) Documentation of completed post-doctoral supervised work experience; and (C) National written examination (EPPP) score report (if taken). (b) Applicants who have maintained an active psychologist license for 5 years or more must document that they have met the following requirements before the Board may issue a license: (A) Education requirements for licensure set forth in OAR 858-010-0010(1), (2), or (3); (B) A minimum of twelve months of post-doctoral supervised work experience as set forth in OAR 858-010-0036; and (C) A passing score on the national written examination (EPPP) as set forth in OAR 858-010- 0025. (c) Applicants who have maintained an active psychologist license for fewer than five years must document that they have met the following requirements before the Board may issue a license: (A) Educational requirements for licensure set forth in OAR 858-010-0010(1) or (2); (B) A minimum of twelve months of post-doctoral supervised work experience, including at least 1,500 hours of psychological services, as set forth in OAR 858-010-0036; and 21 Oregon Administrative Rules – Chapter 858 (C) A passing score on the national written examination (EPPP) as set forth in OAR 858-010- 0025. (3) All candidates for licensure must pass the Oregon Jurisprudence Examination as set forth in OAR 858-010-0030 before the Board will issue a license. (4) Primary source verification is required for application materials. The transcript, EPPP score, and supervised work experience documentation required in sections (1) and (2)(a) 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); (b) Transcript from the degree-granting institution; (c) File copy from the jurisdiction(s) in which the applicant is licensed; (d) CPQ file or credentials bank document(s) from ASPPB; (e) Certification file from ABPP; or (f) HSPP file from the National Register. 858-010-0018 Investigatory Powers (1) Additional Investigation. The Board shall not be limited in its investigation of an applicant's qualifications for licensure to the information supplied in the licensure application form and may direct additional investigation with respect to an applicant's qualifications prior to deciding whether or not the applicant is eligible to take the EPPP or the Jurisprudence examination or enter into a residency contract. (2) Record of Complaints. The Board shall review the Board's records of complaints and insert any reference to an applicant in the applicant's file. (3) State and National Databanks. The Board shall also make inquiry, if appropriate, of other state, national or foreign certification or licensure boards, the National Practitioner Databank (NPDB-NIPDB), the Association of State and Provincial Psychology Boards’ Disciplinary Databank or Oregon Judicial Information Network (OJIN) for relevant information. 858-010-0020 Process and Disposition of Application for License (1) Application Review Procedure. When the application and all of the required supporting documents have been received, the application file shall be reviewed for eligibility. The reviewer shall either: (a) Approve the application. When the reviewer determines the application is complete, a letter of approval shall be sent notifying the applicant of eligibility to take the EPPP and the Jurisprudence examination and to enter into a Resident Supervision Contract. 22 Oregon Administrative Rules – Chapter 858 (b) Deny the application. If the application is denied, the reviewer shall send the applicant a letter stating the reason. (c) Board review. Under unusual circumstances, the application will be reviewed by the full Board for determination of disposition. (d) Incomplete Application. If the application is incomplete, the reviewer shall notify the applicant. (e) Request for Review. Applicants for licensure may request, in writing, that any decision by the reviewer be reconsidered by the Board. (2) Active Application Period. (a) An incomplete application is missing one or more of the items required under the applicable application procedure of OAR 858-010-0016 or 858-010-0017. The Board shall maintain an incomplete application file for one year from the date the application was received. (b) A complete application has been approved by the reviewer, but the candidate for licensure has not completed the remaining requirements for licensure: the post-degree supervised work experience, the EPPP, and/or the Oregon Jurisprudence Exam. The Board shall maintain a complete application file for two years from the date the application was approved. (c) A file shall be presumed inactive and archived if correspondence from the Board is returned by the post office for reasons other than post office error. (3) The Board may extend the active application period upon written request of the applicant, which must be received or postmarked prior to the expiration date. Failure to receive a courtesy reminder notice from the Board shall not relieve an applicant of the responsibility to timely request an extension. (4) Reapplication. If an application for licensure has been denied by the Board for any reason, the Board will not review a second application until at least one year has elapsed from the date of the previous denial. (5) Information Changes. An applicant must notify the Board immediately if any information submitted on the application changes, including but not limited to: name; address, email address, and telephone number; complaints; disciplinary actions; and, civil, criminal, or ethical charges and employment investigations which lead to termination or resignation. Failure to do so may be grounds for denial of the application or revocation of the license, once issued. (6) Applicants must not make omissions or false, misleading or deceptive statements on any Board application form. Failure to disclose an arrest or conviction is a violation of ORS 675.070(2)(d) and (f) and will result in a $200 civil penalty for each violation. Applicants may also be subject to further disciplinary action by the Board. 23 Oregon Administrative Rules – Chapter 858 858-010-0025 Procedure for National Written Examination (1) The Board shall utilize the Examination for Professional Practice in Psychology (EPPP) as the national written exam. (a) Candidates for licensure who are prepared to take the EPPP must submit a written request to the Board. (b) Candidates for licensure who have taken the EPPP prior to April 20, 1990, must have passed the examination by achieving a score at or above the national mean of doctoral candidates taking the examination for the first time on that day. Candidates who have taken the EPPP prior to April 1993 must have passed the examination by achieving a score at or above the national mean of doctoral candidates taking the examination for the first time on that day or 75 percent, whichever is lower. The passing score for the EPPP from April 1993 to April 2001 shall be 140 or 70 percent. For computer administered forms of the EPPP, the Board requires a scaled score of 500. (c) Special Accommodations. The Board shall review a request for special accommodations for a verified disability or for English as a second language upon written request by the candidate as described in OAR 858-010-0030(5). (2) Re-examination. Any candidate who fails to achieve a passing score on the EPPP shall be allowed to take the examination a second time. If the examination is failed twice, the candidate must submit a written study plan for the Board to review and approve. If a candidate fails to pass a third examination, the candidate’s application for licensure shall be denied. 858-010-0030 Procedures for Oregon Jurisprudence Examination (1) Jurisprudence Examination. The purpose of the examination is to measure the candidate’s knowledge and application of state laws and regulations related to the professional practice of psychology, including the American Psychological Association’s ethical principles incorporated by Board statute and rule. (2) Eligibility. An exam candidate must obtain a passing exam score before the Board will issue a license. (a) Candidates for licensure whose education credentials, training and references have been accepted by the Board shall be notified in writing of their eligibility take the jurisprudence examination. (b) A candidate for licensure who was formerly licensed in Oregon must re-take and pass the examination if their application for licensure is received more than 2 years after their license expired. (c) A candidate for licensure must re-take and pass the examination if the candidate does not become licensed within 2 years of passing the exam. 24 Oregon Administrative Rules – Chapter 858 (3) Eligible candidates prepared to take the jurisprudence examination must pay the examination fee prior to taking the exam. The jurisprudence examination fee is not refundable except in extraordinary circumstances. (4) 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. (5) Administration. (a) The Board shall determine the questions on each examination and shall determine the passing score. (b) The Board shall make available to exam candidates a Candidate Handbook that includes a copy of the Board's examination rules, procedures, Board requirements related to examination conduct, and current examination study materials. (c) Disqualification. An exam candidate may be disqualified during or after the examination for conduct which affects the integrity of the candidate’s performance or the examination. Disqualification will result in denial of the candidate’s application. (d) Exam candidates will be notified of their examination result. (6) Failure to Pass. (a) Review. A candidate who does not pass the examination may review the examination record of incorrect questions and answers at the Board’s office within a period of ninety days following the date of the examination and upon written request to the Board. The purpose of the review is 25 Oregon Administrative Rules – Chapter 858 to assist the candidate prepare to retake the examination. No more than one review shall be allowed. (b) Reexamination. A candidate who does not pass the examination may be reexamined following a mandatory waiting period of 30 days following each failure to allow the candidate to sufficiently prepare for a reexamination. (c) Study Plan. If a candidate does not pass the second examination and wishes to take a third examination, the candidate must submit a study plan for the Board’s review and approval prior to sitting for the third examination. (d) Third Failure. If a candidate fails to pass the third examination, the candidate’s application for licensure shall be denied. 858-010-0034 Criminal Background Checks (1) The purpose of this rule is to provide for the reasonable screening of licensees and applicants for licensure to determine if they have a history of criminal behavior and are not fit to hold a license that is issued by the Board. (2) The following persons (“subject individuals”) must take the steps necessary to complete a nationwide criminal records check under ORS 181A.195: (a) All applicants for licensure; and (b) Licensees under investigation by the Board, when the Board has a rational reason to determine if the licensee has a history of criminal behavior. (3) To complete a criminal records check, each subject individual must: (a) Respond completely and truthfully to all of the Board’s character and fitness questions; (b) Provide fingerprints pursuant to ORS 181A.170 (additional fingerprints may be required if the initial fingerprints are rejected); (c) Provide personal information necessary to obtain the criminal records check pursuant to OAR 125-007-0220; and (d) Pay to the Board the actual cost of acquiring and furnishing the criminal offender information. (4) Any original fingerprint cards will subsequently be destroyed in accordance with ORS 181A.195. (5) The Board will make a final fitness determination based on criminal offender information and any other pertinent information obtained by the Board, including any false statements or omissions made by the subject individual, and other factors pursuant to ORS 181A.195(10)(c) and OAR 125-007-0260 to 125-007-0270. The Board may make a fitness determination 26 Oregon Administrative Rules – Chapter 858 conditional upon the subject individual's acceptance of probation, conditions, limitations, or other restrictions upon licensure. (6) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the Board will deny the licensure application or revoke the license. (7) Criminal offender information is confidential and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information, including: (a) The Board will permit the subject individual to inspect their own state and national criminal offender records and, if requested, provide the subject individual with a copy of their own state and national criminal offender records. (b) Criminal records information may be used as exhibits during a contested case hearing process. (8) A subject individual may appeal an adverse final fitness determination pursuant to OAR 125- 007-0300. Challenges to the accuracy or completeness of criminal records information must be made to the reporting agency and not to the Board or through the contested case process. (9) If the subject individual successfully contests the accuracy or completeness of criminal records information, the Board will conduct a new criminal records check and re-evaluate the fitness determination. 858-010-0036 Post-Doctoral Supervised Work Experience (1) Policy. One year of post-doctoral supervised work experience is required for licensure. The required work experience must take place after the doctorate degree is conferred. (a) One year of supervised work experience is defined as psychological services performed over a period not less than twelve months. (b) Psychological services are defined as direct psychological services to an individual or group; diagnosis and assessment; completing documentation related to services provided; client needs meetings and consultation; psychological testing; research related to client services; report writing; and receiving formal training including workshops and conferences. (c) For the purposes of licensure, psychological services do not include business development; credentialing activities; marketing; purchasing; creating forms; administrative billing or other business management activities. (d) A person with a doctoral degree in psychology who is employed at an “exempt site” pursuant to ORS 675.090(f) may practice psychology without a license for no more than 24 months from the time they begin practicing at an exempt site. The 24-month time limit does not restart if the person ceases practicing and then begins again, and does not reset if the person begins working at a different exempt site. The person may not use any title incorporating the word “psychologist.” 27 Oregon Administrative Rules – Chapter 858 (2) The following shall be used by the Board to define supervised work experience. (a) Unless licensed under or exempted from ORS 675.010 to 675.150, in order to practice psychology in Oregon, a person must be in a Board approved Resident Supervision Contract. (A) Post-doctoral supervised work experience completed prior to August 1, 2018 under exemption from ORS 675.010 to 675.150 but not in a Board approved Resident Supervision Contract may qualify towards the one year of post-doctoral supervised work experience required for licensure. (B) Effective for post-doctoral supervised work experience completed in Oregon on or after August 1, 2018, the experience must be completed in a Board approved Resident Supervision Contract to qualify for licensure. Experience that is not completed under a Board approved Resident Supervision Contract shall not qualify towards the one year of post-doctoral supervised work experience required for licensure. (b) Work experience completed in Oregon must be performed under the supervision of an Oregon licensed psychologist who has been licensed for at least two years in Oregon or by a board that is a member jurisdiction of the Association of State and Provincial Psychology Boards based on a doctoral degree (or a combination thereof). (c) To receive supervised work experience credit from other jurisdictions, the experience must be a formal arrangement under the supervision of a psychologist who possesses an active license to practice psychology issued by a board that is a member jurisdiction of the Association of State and Provincial Psychology Boards based on a doctoral degree. (d) The supervisor is not required to be working on-site with the resident. (e) Frequency. Work experience completed in Oregon, or in another jurisdiction by an endorsement applicant licensed fewer than 5 years as described in OAR 858-010-0017(2)(c), must meet the following requirements: (A) If a resident works 1–20 hours in a week, the resident must receive at least one hour of individual one-on-one supervision during that week. (B) If a resident works more than 20 hours in a week, the resident must receive at least two hours of supervision during that week. One hour must be individual and one hour may be group supervision. Group supervision must be: (i) A formal and on-going group of at least three mental health professionals; (ii) Facilitated by a licensed psychologist; and (iii) Approved by the resident’s supervisor. (C) On a non-routine basis, in the absence of the primary supervisor, individual one-on-one supervision hours may be delayed up to 14 days to accommodate vacations, illness, travel or inclement weather. 28 Oregon Administrative Rules – Chapter 858 (D) Individual and group supervision must be conducted: (i) In-person in a professional setting; or (ii) Through live, synchronous confidential electronic communications. (E) If a resident's work in a particular week does not comply with these requirements, then it may not be counted towards the supervised work experience requirement. (f) Duration. Work experience completed in Oregon, or in another jurisdiction by an endorsement applicant licensed fewer than 5 years as described in OAR 858-010-0017(2)(c), must include a minimum of 1,500 hours of supervised psychological services. (3) Candidates for licensure shall be eligible to enter into a Resident Supervision Contract as described in subsection (2)(a) of this rule. (a) The Board has discretion to approve or reject a proposed Resident Supervision Contract or to rescind a previously approved contract. Resident status shall begin the date the Board approves the Resident Supervision Contract. (b) Duration. The resident status is a transitional step toward licensure and is not intended as a means to avoid licensure. A Resident Supervision Contract shall be effective for a period not to exceed two years from the date of Board approval. The Board may extend the contract beyond two years for good cause upon a written request from the resident and the supervisor prior to the expiration of the contract. Failure to receive a courtesy reminder notice from the Board shall not relieve the resident of the responsibility to timely request an extension. (c) Termination of a Resident Supervision Contract will be granted by the Board at the written request of the supervisor or the resident. The termination shall be effective at the time the Board approves the request in writing, or on the date indicated by the supervisor in the final residency evaluation, whichever is later. (d) If the supervisor is to be paid for supervision payment must be in the form of a per-hour fee. (e) Supervision of more than three residents concurrently shall require prior approval by the Board. (4) Resident’s Responsibilities. The resident’s conduct must conform to the following standards: (a) Title. The resident must be designated at all times by the title “psychologist resident.” All signed materials, letterhead, business cards, telephone directory listings, internet postings, brochures, insurance billing and any other public or private representation must include the individual's title as “psychologist resident” and the supervisor's name and designation “supervisor.” (b) Scope of Practice. The resident will only offer services in those areas that the supervisor is competent. 29 Oregon Administrative Rules – Chapter 858 (c) Nature of Supervision. The resident must obtain frequent and regular supervision meetings throughout the duration of the Resident Supervision Contract. The resident must provide the supervisor with a periodic evaluation of all cases and psychological activities in which the resident is engaged. The resident's practice must comply with Oregon laws and administrative rules. (d) Confidentiality. The resident must advise all clients orally and in their informed consent policy that the supervisor may have access to all information and material relevant to the client's case. (e) Promptly communicate to the Board any significant interruption or expected termination of the Resident Supervision Contract. (f) The resident must discuss with their supervisor the Supervisor Evaluation Report at the conclusion or termination of the Resident Supervision Contract. (g) The resident must submit to the Board a Record of Supervised Hours form within 30 days of the conclusion or termination of the Resident Supervision Contract. (5) The supervisor’s responsibilities are: (a) Review, supervise and evaluate representative and problem cases with attention to diagnostic evaluation, treatment planning, ongoing case management, emergency intervention, recordkeeping and termination; (b) Countersign all psychological reports and professional correspondence produced by the resident; and ensure that letterhead, business cards, telephone directory listings, internet postings, brochures, insurance billing and any other public or private representation includes the appropriate title of “psychologist resident” or “psychologist associate resident” and the supervisor’s name and designation as “supervisor.” Client progress notes do not need to be co- signed by the supervisor. (c) Review with the resident, Oregon laws and administrative rules related to the practice of psychology, including the current APA “Ethical Principles of Psychologists and Code of Conduct,” professional relationships and referrals, protection of records, billing practices, recordkeeping and report writing; (d) Assist the psychologist resident in developing a plan to prepare for the national written exam and the Oregon jurisprudence examination; (e) Promptly communicate to the Board any professional or ethical concerns regarding the resident’s conduct or performance; (f) Notify the Board within fourteen days and explain any significant interruption or expected termination of the Resident Supervision Contract; (g) Ensure that the resident has access to supervision by telephone to discuss urgent matters, if the supervisor is unavailable during a period not to exceed fourteen days; 30 Oregon Administrative Rules – Chapter 858 (h) Create and maintain for at least three years a record of hours of supervision and notes for each supervision session contemporaneously as supervision occurs, and provide it to the Board within fourteen days of request; (i) Provide the Board with an interim Resident Evaluation Report upon request; and (j) Provide the Board with a final Resident Evaluation Report within 30 days of the conclusion or termination of the Resident Supervision Contract. (6) Associate Supervisor. Any individual supervision of the resident by a person other than the primary supervisor must be identified in the Resident Contract and approved by the Board. (a) The associate supervisor is responsible for providing supervision as described in section (5) of this rule in the event that the primary supervisor is unavailable for any reason; and (b) The associate supervisor is responsible for reporting professional or ethical concerns regarding the resident’s conduct or performance to the primary supervisor and the Board. 858-010-0037 Supervised Work Experience - Psychologist Associate (1) Applicants must complete a one year full-time internship or one year of other supervised learning practicum deemed equivalent by the Board. The internship or practicum must meet the requirements of OAR 858-010-0012 or 858-010-0013. (2) Applicants must complete three years of full-time post-master’s degree supervised work experience in accordance with OAR 858-010-0036, except that: (a) The resident shall be designated at all times by the title “psychologist associate resident”; and (b) A Resident Supervision Contract will be effective for a period not to exceed four years. The Board may extend the contract beyond four years. 858-010-0038 Continued Supervision - Licensed Psychologist Associate Before the initial license is issued, the psychologist associate and the supervising psychologist must submit a "Contract for Continued Supervision of a Licensed Psychologist Associate." Day- to-day supervision of the licensed psychologist associate is the responsibility

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