The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS

 

DIVISION 20
APPLICATION METHODS

833-020-0011
Applications
(1) Application for licensure as a professional counselor and marriage and family therapist must be submitted to the Board and be on forms provided by the Board.
(2) Application for licensure must include gender, date of birth, social security number, practice and residence addresses; similar licenses held in other states, and history of professional discipline, litigation, and criminal involvement and be accompanied by:
(a) The non-refundable application fee;
(b) Official transcript sent to the Board from the college or university and supporting documentation as necessary showing education requirements have been met;
(c) Documentation to prove experience requirements have been met or request for registration as an intern with a proposed plan to obtain required experience;
(d) Verification that approved examination has been passed, or state examination is being requested;
(e) Proposed professional disclosure statement for review and approval; and
(f) Criminal history information as specified in OAR 833-120-0021.
(3) Applicants will be allowed one year from Board  receipt of an application to file a completed application which documents that the applicant meets the educational and experience qualifications for licensure.
(4) Failure to withdraw the application or complete the process within the allowed time will result in closure of the file. An incomplete application includes but is not limited to an application in which
(a) Required information or original signatures are not provided;
(b) Required forms are not submitted;
(c) No fee or an insufficient fee is received.
(5) The Board retains the right to extend the one year period to complete application.
(6) Applicants who submit complete documentation but are not approved for registration, examination, or licensure will be notified in writing that the application is being denied and state the reason(s) for denial.
(7) To be reconsidered for licensure, applicants who failed to become licensed, who were refused licensure, who withdrew from consideration, or interns who have allowed their registration to expire will be required to file a new application, fee, and resubmit all documentation necessary to meet the standards for licensure in effect at the time of reapplication. Applicants reapplying must fulfill any deficiencies that are the result of changes to requirements that may have been implemented between former and current application.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 1-2011, f. 1-13-11, cert. ef. 2-1-11
833-020-0021
Methods of Application
(1) Applications for licensure
must indicate one of the following methods.
(a) Intern registration;
(b) Direct;
(c) Reciprocity;
(d) Re-licensure; or
(e) Reapplication; or
(f) Counselor educator.
(2) Applicants may request permission
to change their method of application or license requested without re-application
if they do so within the year allowed to complete application.
Stat. Auth.: ORS 675.785 - 675.835
& 676.160 - 676.180

Stats. Implemented: ORS 675.785
- 675.835

Hist.: BLPCT 1-2010, f. &
cert. ef. 1-5-10; BLPCT 1-2012. f. 4-23-12, cert. ef. 5-15-12
833-020-0031
Intern Registration Method
(1) The intern registration method is required for applicants who seek acceptance of post-degree supervised clinical experience completed in Oregon after June 30, 2002. The intern registration method requires applicant to obtain Board approval of a proposed plan for completing required hours of supervised clinical experience. No less than 1,000 hours of supervised clinical experience must be completed under an approved plan.
(2) Applicants approved for registration as an intern who maintain registration status and meet the conditions for annual renewal will be allowed five years to complete the experience requirements, as specified in OAR 833 division 50, to be approved for licensure or for examination. Failure to meet the experience requirements for licensure within five years will result in expiration of registration and closure of the application file.
(3) The intern may petition the Board to allow renewal for up to one year of registration beyond the maximum five years if he/she can show good cause for such extension.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10
833-020-0041
Direct Method
(1) The direct method is required for applicants who seek acceptance of supervised clinical experience completed in another jurisdiction or in Oregon before June 30, 2002.
(2) The direct method requires the applicant to document no less than the total minimum number of supervised clinical experience hours required for licensure, all of which must have been completed prior to the date of application for licensure.
(3) Supervised clinical experience hours must include no less than 480 post-degree client contact hours completed within 60 months immediately prior to the application for licensure.
(4) Applicants seeking licensure as a professional counselor must meet the requirements specified in OAR 833, division 30.
(5) Applicants seeking licensure as a marriage and family therapist must meet the requirements specified in OAR 833, division 40.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10
833-020-0051
Reciprocity Method
(1) The reciprocity method is for applicants
who seek acceptance of education and supervised clinical experience previously used
to obtain a comparable license in another jurisdiction. The reciprocity method requires
the applicant to document that the education and experience requirements under which
the applicant obtained a comparable license held in another state are equivalent
to the standards required for Oregon licensure as a professional counselor or as
a marriage and family therapist.
(2) The Board will review
each application designating the reciprocity method to determine if licensing is
appropriate. The Board will compare the minimum standards in effect in the other
jurisdiction when it granted a license with the current education, clinical experience,
and examination standards required for Oregon licensure.
(3) Application for licensure
must be submitted to the Board office in accordance with OAR 833-020-0011.
(4) The application must
also include verification of from the sending state that applicant:
(a) Has a current, active
license in that state;
(b) The license is comparable
to the Oregon license requested;
(c) Applicant’s license
from other state is not temporary, probationary, expired, revoked, or suspended;
(d) The applicant has not
been disciplined, including a reprimand or letter of concern; and
(e) Documentation of the
education, clinical experience, and examination requirements for licensure in that
state at the time licensure was granted.
(5) The applicant’s
license in the other state must have:
(a) Required at least a graduate
degree in counseling, a graduate degree in marriage and family therapy, or a related
degree. A related degree must have systemic coursework for a license as a marriage
and family therapist;
(b) Been issued to an applicant
whose qualifying degree meets Majority Standards for Graduate Degrees specified
in OAR 833 Division 60;
(c) Required passage of a
state or national competency exam; and
(d) Been obtained by a method
of application that involved state review of documentation of education and clinical
experience under adopted standards, and not obtained through reciprocity; act of
portability; mutual recognition; recognition of non-governmental, professional certification
or membership; waiver of any of the education, experience, or examination requirements;
or "grandparenting".
(6) Five years or more of
licensed clinical experience in another state may substitute for a maximum of 15
semester or 20 quarter credits of academic education required for licensure. Clinical
experience may not substitute for diagnosis training.
(7) Completed supervised
clinical experience performing direct client counseling or marriage and family therapy,
which must have included no less than:
(a) At least 2,000 hours
in at least two years or the equivalent for licensed professional counselor;
(A) A minimum of 1,000 hours
of the required 2,000 must be direct client contact;
(B) A maximum of 1,000 hours
of the required 2,000 may be from supervision, consulting, reporting.
(b) At least 2,000 hours
earned in at least 3 years must be in the presence of a client for licensed marriage
and family therapist.
(c) For those who apply on
or after January 2, 2014, at least 2,000 hours earned in at least two years or the
equivalent must be in the presence of a client for licensed marriage and family
therapist.
(8) Five or more years of
post license clinical experience may substitute for 1,000 hours of the required,
supervised direct client contact hours required for Oregon licensure.
(9) The applicant must meet
the examination requirements specified in:
(a) 833-020-0081 and 833-030-0041
for licensure as a professional counselor; or
(b) 833-020-0081 and 833-040-0041
for licensure as a marriage and family therapist.
(10) Documentation of acceptance
on the national credentials registry for professional counselors may substitute
for education and experience requirements for licensure as a professional counselor.
Stat. Auth.: ORS 675.785 - 675.835 &
676.160 - 676.180
Stats. Implemented: ORS 675.785
- 675.835
Hist.: BLPCT 1-2010, f. &
cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10; BLPCT 1-2011, f. 1-13-11,
cert. ef. 2-1-11; BLPCT 1-2013, f. 1-11-13, cert. ef. 2-1-13; BLPCT 1-2014, f. &
cert. ef. 1-8-14
833-020-0061
Re-Licensure Method
(1) The re-licensure method is required for applicants who have previously been licensed by the Board. The re-licensure method requires the applicant, as a previous Board licensee, to request a new license with a new license number, but without documenting further supervised clinical experience.
(2) To be considered for re-licensure, licensees whose licenses have been expired for less than two years from last date of renewal must file:
(a) An application for re-licensure, using forms provided by the Board that must include a sworn statement that there is no reason for denial, including that applicant:
(A) Has not been subject to any disciplinary action by a professional mental health licensing or certification agency; and
(B) Has not been convicted of a crime related to practice within the mental health field.
(b) Payment of the current application fee plus one current annual renewal fee;
(c) Updated professional disclosure statement, statement that the applicant is not currently practicing professional counseling or marriage and family therapy, or request for waiver of the professional disclosure statement; and
(d) Report listing 20 hours of continuing education meeting the standards set forth in OAR 833-080-0011, completed within one year prior to the date the Board will receive the new application or within the year allowed for application to be completed.
(3) To be considered for re-licensure, licensees whose licenses have been expired for two or more years from last date of renewal must file:
(a) A new application, using forms provided by the Board, to show compliance with the standards in effect at the time the Board will receive this new application;
(b) The application fee;
(c) Proposed professional disclosure statement, statement that applicant is not currently practicing professional counseling or marriage and family therapy, or request for waiver of the professional disclosure statement; and
(d) Request for examination or proof of passage of a competency examination acceptable to the Board which was passed within 10 years of date of new application.
(4) All applicants for re-licensure must successfully pass the current law and rules section of the state examination.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10
833-020-0071
Reapplication
Former applicants who reapply for licensure may transfer previously filed documents to the new application file if the documents have not been destroyed under state records retention schedules and are still in the possession of the Board.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0081
Examination
(1) All applicants
must pass a competency exam and a law and rules exam approved by the Board.
(2) Applicants
who have passed the competency exam within 10 years prior to applying for licensure
are not required to retake the exam.
(3) Applicants
applying by the reciprocity method who have passed the exam 10 years or more prior
to applying for licensure in Oregon must:
(a) Retake
the exam; or
(b) Document
a minimum of 40 clock hours of continuing education in the core curriculum areas
specified in OAR 833, division 60. Continuing education that substitutes for passage
of the exam must be completed within two years prior to licensure.
(4) Registered
interns may take the competency exam any time during their registered internships.
(5) Failure
to document passage of an acceptable competency examination or failure to register
and attempt to pass the competency portion of the state examination at least once
per year will result in denial of licensure.
(6) Applicants
must pass the competency exam within two years after meeting experience requirements
for licensure.
(7) Applicants
who fail to pass the competency portion of the state exam after taking the exam
three times, must:
(a) Complete
graduate level coursework in the content areas failed in the exam;
(b) The graduate
level coursework must be completed from:
(A) A program
accredited by CACREP, CORE, or COAMFTE; or
(B) A regionally
accredited college or university;
(c) Re-apply
for licensure.
(8) Applicants
are allowed 30 days, from the date the board sends the law and rules exam to the
applicant, to complete and return the law and rules portion of the state examination.
Failure to complete and return the examination to the Board office will result in
closure of the application.
Stat. Auth.: ORS
675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented:
ORS 675.785 - 675.835

Hist.: BLPCT
1-2010, f. & cert. ef. 1-5-10; BLPCT 6-2010, f. 12-13-10, cert. ef. 1-1-11;
BLPCT 1-2013, f. 1-11-13, cert. ef. 2-1-13
833-020-0091
Effective and Expiration Dates of Licenses
(1) Initial licenses will be issued for no more than one year, expiring on the last day of licensee’s birth month.
(2) Date of issue will be the date all qualifications for licensure are met.
(3) Licenses will not be issued without payment of the required initial license or renewal fees.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0101
License Renewal/Late Renewal
(1) License may be renewed by paying the renewal fee no more than 45 days before, or during the renewal month accompanied by:
(a) The completed renewal form provided by the Board which will include a sworn statement that there is no reason for denial of renewal;
(b) Continuing education information detailing compliance with the requirements, if applicable;
(c) An updated, professional disclosure statement, if renewal information indicates that the one on file with the Board contain false, incomplete, outdated or misleading information.
(2) A licensee may renew a license in the month following the renewal month by submitting to the Board:
(a) The renewal fee;
(b) A late fee;
(c) The completed renewal form provided by the Board which must include a sworn statement that there is no reason for denial of renewal;
(d) Continuing education information detailing compliance with the requirements, if applicable; and
(e) An updated, professional disclosure statement, if renewal information indicates that the one on file with the Board may contain false, incomplete, outdated or misleading information.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0112
Duplicate Licenses
(1) Duplicate licenses or certificates may be obtained by:
(a) Certifying, by signed statement, that the current license or certificate has been lost or destroyed; or
(b) Requesting a duplicate for additional place(s) of business;
(c) In either case, payment of the required fee.
(2) Reproduction of a license or certificate by anyone other than Board staff for use as a license document or for display is prohibited.
Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10
833-020-0201
Licensee Professional Disclosure Statement
(1) To be approved
by the Board, the professional disclosure statement shall include the information
set forth in and required by ORS 675.755 and:
(a) The name,
address and telephone number of the business;
(b) Philosophy
and approach to counseling or marriage and family therapy, including reference to
any codes of standards or ethics to which the licensee subscribes;
(c) A statement
indicating adherence to the Oregon Licensing Board's Code of Ethics set forth in
OAR chapter 833, division 100;
(d) The bill
of rights of clients listed in OAR 833, division 100, Code of Ethics;
(e) Formal
education and training, title of highest relevant degree earned, school granting
degree, and major coursework;
(f) Oregon
licensure requirements for continuing education as well as any significant post-degree
work relating to professional practice;
(g) The standard
fee for service, including discounted rates or sliding scale and a statement that
no fees will be charged and no additional fee will be added to another set fee such
as a hospital room daily charge; and
(h) A statement
indicating the following: “Additional information about this counselor or
therapist is available on the Board’s website: www.oregon.gov/oblpct.”   
(2) The Professional
Disclosure Statement must also include the Board’s:
(a) Name;
(b) Address;
(c) Telephone
number; and
(d) Email
address.
(3) Licensees
must provide each client with a professional disclosure statement consistent with
the content and in a format as specified in OAR 833-020-0201(1) and (2).
(4) Licensees
must make a reasonable effort to assist the client to understand the information
presented in the disclosure statement as required by the Code of Ethics.
(5) Exemptions
to the professional disclosure statement requirements set forth in ORS 675.755 include:
(a) Applicants
for licensure not practicing professional counseling or marriage and family therapy
in Oregon, except those seeking registration as an intern;
(b) Licensees
not practicing professional counseling or marriage and family therapy in Oregon;
(c) Licensees
providing crisis response; and
(d) Licensees
who have submitted a written request and can satisfy the Board that there is good
cause to be exempt from specific requirements and have received written exemption
from the Board.
(6) Prior
to providing services, the licensee must furnish each client with a copy of a professional
disclosure statement. If the licensee fails to provide the statement, the licensee
may not charge the client a fee for services.
(7) Whenever
a licensee changes a professional disclosure statement, the new statement must be
presented to the Board for approval.
Stat. Auth.: ORS
675.785

Stats. Implemented:
ORS 675.755 & 675.785

Hist.: BLPCT
2-2010(Temp), f. 1-8-10, cert. ef. 1-11-10 thru 7-9-10; BLPCT 3-2010, f. 4-30-10,
cert. ef. 5-3-10; BLPCT 2-2012, f. 9-5-12, cert. ef. 10-1-12; BLPCT 3-2012, f. &
cert. ef. 10-11-12
833-020-0301
Current Information to Board
(1) All licensees must provide current contact information to the Board, including:
(a) Physical residence address and post office box, if applicable;
(b) Electronic mail address;
(c) Home and work telephone numbers; and
(d) An updated, current Professional Disclosure Statement being provided to clients.
(2) Licensees must inform the Board office in writing of any changes to information within 30 days of the change.
Stat. Auth.: ORS 675.785

Stats. Implemented: ORS 675.755 & 675.785

Hist.: BLPCT 3-2010, f. 4-30-10, cert. ef. 5-3-10
833-020-0401
Client Records
(1) A licensed professional
counselor and licensed marriage family therapist or registered intern must:
(a) Maintain
client records for each client;
(b) Ensure
that client records are legible;
(c) Keep
records in a secure, safe, and retrievable condition; and
(d) Notify
the Board if client records have been destroyed or lost.
(2) At a
minimum, client records should be recorded concurrently with the services provided
and must include:
(a) A formal
or informal assessment of the client;
(b) Counseling
goals or objectives; and
(c) Progress
notes of therapy or counseling sessions.
(3) A licensee
must retain client records for at least seven years from the date of the last session
with the client.
Stat. Auth.: ORS
675.705 - 675.835

Stats. Implemented:
ORS 675.705 - 675.835

Hist.: BLPCT
2-2012, f. 9-5-12, cert. ef. 10-1-12; BLPCT 4-2012, f. 10-24-12, cert. ef. 11-1-12
833-020-0501
Custodian
of Record
(1) A licensee or
registered intern must:
(a) Arrange
for the maintenance of and access to client records that ensure the client’s
right to confidentiality and access to records in the event of the death or incapacity
of the licensee;
(b) Register
with the board the name and contact information of a custodian of record that will
have case files and can make necessary referrals if licensee becomes incapacitated
or dies; and
(c) Notify
the board of changes of the custodian of record.
(2) If the
licensee or registered intern is an employee of an organization, the organization
may be named as the custodian of record.
(3) The board
will not release the name of the custodian of record except in the following cases:
(a) The death
or incapacity of the licensee; or
(b) When
a client is unable to locate the licensee.
(4) A custodian
of record under this rule must be a licensed mental health professional licensed
under Oregon law, a licensed medical professional, a health care or mental health
organization, an attorney, a school, or a medical records company.
Stat. Auth.: ORS
675.705 - 675.835

Stats. Implemented:
ORS 675.705 - 675.835

Hist.: BLPCT
4-2012, f. 10-24-12, cert. ef. 11-1-12

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