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OREGON HEALTH AUTHORITY,

ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 90
FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS
309-090-0000
Purpose and Scope
These rules establish minimum standards
for the certification of psychiatrists, licensed psychologists, and regulated social
workers, who are Licensed Clinical Social Workers (LCSW), related to performing
forensic examinations and evaluations as described in ORS 161.309–161.370,
419C.150, 419C.378-419C.398 and 419C.524. The rules are intended to ensure that
forensic evaluations meet consistent quality standards and are conducted by qualified
and trained evaluators. The Oregon Health Authority (OHA) shall provide training,
certify qualified applicants and maintain a list of certified forensic evaluators
for statewide use.
Stat. Auth.: ORS 413.042; OL 2011, HB
3100, 161.392, HB2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, ORS 161.392,HB2836, 419C.382
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0005
Definitions
(1) “Authority” means the
Oregon Health Authority.
(2) “Competence”
means the same as “fitness to proceed” and is defined according to ORS
161.360.
(3) “Conditional Certification”
means a psychologist, psychiatrist, or regulated social worker who is a Licensed
Clinical Social Worker is temporarily Court-designated as a certified evaluator
as defined in OAR 309-090-0010(3).
(4) “Criminal Responsibility”
is defined according to ORS 161.295.
(5) “Division”
means the Addictions and Mental Health (AMH) Division of the Authority.
(6) “Evaluator”
means a psychiatrist, licensed psychologist or a Licensed Clinical Social Worker
certified by the Authority to perform forensic evaluations.
(7) “Forensic Psychiatric
or Psychological Evaluation” means the assessment of a defendant or juvenile
in which the certified forensic evaluator opines on a specific psycho-legal referral
question related to ORS 161.360 or 161.295, or 419C.378-419C.398 and is ordered
by the Court or requested by associated attorneys.
(8) “Full Certification”
means a psychiatrist or licensed psychologist in the state of Oregon satisfying
the requirements of this chapter as defined in OAR 309-090-0010(1).
(9) “Juvenile”
means a person who is under the age of 18.
(10) “Juvenile Certification”
means an evaluator in the state of Oregon satisfies the requirements of this chapter
as defined in OAR 309-090-0010(1) and has also completed the specialized juvenile
segment of the Oregon Forensic Evaluator Training and has successfully passed the
examination for juvenile certification.
(11) “Licensed Clinical
Social Worker” means a regulated social worker licensed with the Oregon board
of Licensed Social Workers pursuant to ORS 675.530.
(12) “Licensed Psychologist”
means a psychologist licensed pursuant to ORS 675.010 through 675.150 by the Oregon
Board of Psychologist Examiners.
(13) “Mental Defect”
means mental retardation, brain damage or other biological dysfunction that is associated
with distress or disability causing symptoms or impairment in at least one important
area of an individual’s functioning, as defined in the current Diagnostic
and Statistical Manual of Mental Disorders Fourth Edition; Text Revised (DSM-IV-TR)
or hereto forward editions of the DSM of the American Psychiatric Association.
(14) “Mental Disease”
means any diagnosis of mental disorder which is a significant behavioral or psychological
syndrome or pattern that is associated with distress or disability causing symptoms
or impairment in at least one important area of an individual’s functioning,
as defined in the current Diagnostic and Statistical Manual of Mental Disorders
Fourth Edition; Text Revised (DSM-IV-TR) or hereto forward editions of the DSM of
the American Psychiatric Association.
(a) The term "mental disease
or defect" does not include an abnormality manifested solely by repeated or criminal
or otherwise antisocial conduct or by substance induced disorders or paraphilias;
(b) For offenses committed
on or after January 1, 1984, the term "mental disease or defect" does not include
any abnormality constituting solely a personality disorder.
(15) “Oregon Forensic
Evaluator Training Program” means a training program approved by the Authority
to review with psychiatrists licensed psychologists, and Licensed Clinical Social
Workers best practices for forensic evaluations and the standards required in these
rules to perform forensic evaluations for courts in the state of Oregon.
(16) “Psychiatrist”
means a physician licensed by the Oregon Medical Board pursuant to ORS 677.010 through
ORS 677.450 and who has completed an approved residency training program in psychiatry.
(17) “Redacted Forensic
Evaluation” means a forensic evaluation report for which all identifying information
of the client and evaluator has been removed. Specific information that should
be redacted includes any information which may specifically identify the defendant
or juvenile, name and discipline of the evaluator, address, phone, fax or logos
that may identify the evaluator, qualifications of the evaluator that may identify
the evaluator.
(18) “Regulated Social
Worker” means a social worker registered pursuant to ORS 675.510.
(19) “Substantial Danger
to Self or to Others” means the person requires a hospital level of care due
to a mental disease or defect.
(20) “Successful completion
of training” means:
(a) Attendance at the entire
training; and
(b) Passing the examination
given at the conclusion of the training.
(21) “Temporary Certification”
means the certification granted by OHA under these rules after an applicants has
satisfied the requirements of OAR 309-090-0010(2)
(22) “Youth”
means a person under 18 years of age who is alleged to have committed an act that
is a violation, or, if done by an adult would constitute a violation, of a law or
ordinance of the United States or a state, county, or city, pursuant to ORS 419A.004.
Stat. Auth.: ORS 161.398,, 419C.524;419C.382,
OL 2011, HB 3100, HB2836
Stats. Implemented: OL 2011,
HB 3100, HB2836, ORS 161.309-370, ORS 419C.378-398
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 16-2012, f. & cert. ef. 12-26-12; MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0010
Forensic Certification
Types and Requirements
Psychiatrists licensed psychologists,
and Licensed Clinical Social Workers must be certified by the Authority to submit
evaluation reports to the court for the purpose of criminal responsibility or competency
when ordered by the court as required in ORS 161.309, 161.365, 419C.524 through
419C.527 and 419C.378 through 419C.398.
(1) Applicants must meet
the following requirements for full certification:
(a) A psychiatrist must submit
a completed application form, psychiatrist supplement, and nonrefundable $250 application
fee and;
(A) Have a current license
to practice in Oregon;
(B) Participate in and successfully
complete the Oregon Forensic Evaluator Training; and
(C) Submit to OHA for review
three redacted forensic evaluation reports completed by the applicant within the
previous 24 months.
(i) If an applicant desires
to perform criminal responsibility evaluations, if available, at least one redacted
forensic evaluation report should be an evaluation of criminal responsibility.
(ii) If an applicant desires
to perform juvenile evaluations, the applicant shall participate in and successfully
complete the specialized juvenile segment of the Oregon Forensic Evaluator Training,
and, if available, at least one redacted forensic evaluation report should be an
evaluation of a juvenile.
(b) A licensed psychologist
must submit a completed application form, psychologist supplement and nonrefundable
$250 application fee and:
(A) Have a current license
to practice in Oregon;
(B) Participate in and successfully
complete the Oregon Forensic Evaluator Training; and
(C) Submit to OHA for review
three redacted forensic evaluation reports completed by the applicant within the
previous 24 months.
(i) If an applicant desires
to perform criminal responsibility evaluations, if available, at least one redacted
forensic evaluation report should be an evaluation of criminal responsibility,
(ii) If an applicant desires
to perform juvenile evaluations, the applicant shall participate in and successfully
complete the specialized juvenile segment of the Oregon Forensic Evaluator training
and, if available, at least one redacted forensic evaluation report should be an
evaluation of a juvenile.
(c) A Licensed Clinical Social
Worker must submit a completed application form, social worker supplement, and nonrefundable
$250 application fee and;
(A) Have a current Oregon
license as a clinical social worker as defined in ORS 675.530;
(B) Participate in and successfully
complete the Oregon Forensic Evaluator Training including the specialized juvenile
segment; and
(C) Submit to OHA for review
three redacted forensic evaluation reports completed by the applicant specifically
addressing juvenile competency completed within the previous 24 months.
(d) A Licensed Clinical Social
Worker is restricted from providing forensic evaluations except for evaluations
specifically addressing a youth’s fitness to proceed in a proceeding initiated
by a petition alleging jurisdiction under ORS 119C.005.
(e) Full Certification has
a maximum duration of 24 months from certification date.
(2) Temporary Certification:
(a) Applicants who submit
applications for Forensic Evaluator Certification will be granted a Temporary Certification
until participation in and successful completion of the Oregon Forensic Evaluator
Training and submission of three redacted forensic evaluation reports. If the applicant
desires to perform criminal responsibility evaluations, at least one redacted forensic
evaluation report should be an evaluation of criminal responsibility. Applicants
must attend the next regularly scheduled training date or request an extension which
may be granted by the Authority.
(b) Evaluators with temporary
certification who submit forensic evaluation reports for panel review are certified
to perform forensic evaluations for individuals charged with crimes including:
(A) Aggravated murder;
(B) Murder; or
(C) Ballot Measure 11 Offenses.
(c) If no redacted forensic
evaluation reports are available, evaluators may perform evaluations of those charged
with crimes other than aggravated murder, murder or Ballot Measure 11 offenses for
the purpose of generating evaluation reports to the Authority for review.
(d) For Certification purposes,
psychiatrists enrolled in an ACGME-Accredited residency training program may participate
in evaluations where certification is required under Oregon Revised Statutes (ORS)
161.309, 161.365 and 419C.524 only under the direct supervision and review of a
psychiatrist or psychologist that has been granted full certification under the
provisions of OAR 309-090-0010.
(e) Temporary certification
has a maximum duration of 12 months. An extension of an additional 3 months may
be granted by the Authority for extenuating circumstances.
(3) Conditional Certification.
An evaluator, who has not been certified by OHA, may be granted conditional certification
by the court, if exigent circumstances exist such as an out of state expert evaluation
being sought, or an unusual expertise is required. The court will notify the Authority
of the granting of a conditional certification. Conditional Certification ends at
the disposition of the particular case for which the conditional certification was
granted.
Stat. Auth.: ORS 161.392-, 419C.524;
OL 2011, HB 3100, HB2836, 319C.382
Stats. Implemented: OL 2011,
HB 3100, ORS 161.392, HB2836, 419C.382, 419C.380
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0015
Application Requirements and Process
(1) Applications must be submitted to
the Authority using a form and in a manner prescribed by the Authority.
(2) The application must
be accompanied by:
(a) Proof of the applicable
license by the State of Oregon, as a Psychiatrist Psychologist, or Licensed Clinical
Social Worker.
(b) A copy of a current resume
or curriculum vitae providing documentation of forensic training and experience.
(c) Three redacted forensic
evaluation reports of competency or criminal responsibility. If no redacted forensic
evaluation reports are available, an applicant may be temporarily certified and
may perform evaluations of those charged with crimes other than aggravated murder,
murder, or Ballot Measure 11 offenses for the purpose of generating reports to the
Authority for review; and(d) A non-refundable application fee of $250.00.
(3) After a complete application
packet is received the Authority will:
(a) Evaluate the materials
to determine whether the applicant is qualified for Full or Temporary Certification;
(b) Grant, deny or place
conditions on a certification; and
(c) Issue a written statement
to the applicant of its determination.
Stat. Auth.: ORS 161.392- 419C.524,
419C.392 OL 2011, HB 3100, HB 2836.
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 161.392, 419C.382.
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0020
Recertification Requirements
(1) An evaluator must request recertification
using a form, and in a manner prescribed by the Authority.
(2) The minimum requirements
for recertification are:
(a) Proof of the applicable
license by the State of Oregon;(b) Within six months of expiration of certification,
participation in recertification updates to the Oregon Forensic Evaluator Training
Program approved by the Authority;
(b) Review and approval by
the division of a minimum of two redacted forensic evaluation reports completed
by the applicant during the past 24 months. If the psychiatrist or licensed psychologist
applicant desires to perform criminal responsibility evaluations, at least one redacted
sample should be an evaluation of criminal responsibility. If performing Juvenile
evaluations one of these should be a juvenile competency or criminal responsibility
evaluation. Licensed Clinical Social Workers cannot perform any forensic evaluations
other than fitness to proceed evaluations for youth in a proceeding initiated by
a petition alleging jurisdiction under ORS 419C.005. All redacted evaluation reports
submitted by Licensed Clinical Social Workers for panel review must specifically
address the topic of juvenile competency for youth in a proceeding initiated by
a petition alleging jurisdiction under 419C.005. These reports will be subject to
review and must meet or exceed standards identified by the Authority as listed in
OAR 309-090-0025. The review panel may request to review an additional evaluation
report if necessary to make a determination that the reports meet or exceed standards
as listed in 309-090-0025; and
(c) A non-refundable application
fee of $250.00.
(d) Continued compliance
with all applicable laws and requirements.
(3) Failure to satisfy the
factors listed in (2) above shall result in a non-recertification order from the
Authority.
(4) Failure to reapply, attend
recertification updates to the Oregon Forensic Evaluator Training or submit redacted
evaluation reports for review and approval shall constitute a forfeiture of full
certification which may be restored only upon written application approved by the
Authority. Individuals who fail to reapply may receive a temporary certification
for up to twelvemonths. Evaluators are responsible for monitoring their own expiration
date and reapplying at the appropriate time.
(5) Individuals who receive
non-recertification orders may reapply for certification and will be certified after
they meet all of the requirements for certification. The Authority shall also provide
notice of the applicant’s right to a hearing pursuant to the provisions of
ORS Chapter 183.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524; OL 2011, HB 3100, HB 2836, 319C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0025
Content of Written Evaluations
Assessing Competency and Criminal Responsibility
(1) At minimum each forensic evaluation
report shall include the following:
(a) Identifying information
of the defendant, a description of the forensic examination, criminal charges, the
referral source and the referral question;
(b) The evaluative procedure,
techniques and tests used in the examination and the purpose for each, informed
consent and limits of confidentiality;
(c) Background information,
relevant history of mental and physical illnesses, substance use and treatment histories,
medications, hospital or jail course, and current setting.
(d) Summary of a mental status
examination;
(e) A substantiated diagnosis
in the terminology of the American Psychiatric Association's current edition of
the Diagnostic and Statistical Manual;
(f) A consideration of malingering
must be present in every evaluation report; and
(g) A summary of relevant
records reviewed for the evaluation.
(2) In addition to 309-090-0025(1),
when the defendant or juvenile’s competency is in question, the evaluation
report shall also include, at a minimum, opinions and explanations related to the
defendant or juvenile’s:
(a) Understanding of his
or her charges, the possible verdicts and the possible penalties;
(b) Understanding of the
trial participants and the trial process;
(c) Ability to assist counsel
in preparing and implementing a defense;
(d) Ability to make relevant
decisions autonomously; and
(e) If determined incapacitated:
A recommendation of treatment and other services necessary for the defendant to
gain or restore capacity, including an opinion and explanation as to whether the
person requires a hospital level of care.
(f) Evaluator does not provide
the defendant or juvenile’s statements about the alleged criminal conduct
unless necessary to support the evaluator’s finding of competence or incompetence.
(3) In addition to 309-090-0025(1),
related to the question of criminal responsibility, the evaluation report shall
also include, at a minimum, opinions and explanations addressing:
(a) The defendant or juvenile’s
account of the alleged offense(s) including thoughts, feelings and behavior;
(b) Summary of relevant records;
including police reports,
(c) An expert opinion regarding
the role of substance use in the alleged offense;
(d) The defendant or juvenile’s
mental state at the time of the alleged offense(s) and
(e) An expert opinion regarding
whether the defendant, as a result of mental disease or defect at the time of engaging
in the alleged criminal conduct, lacked substantial capacity either to appreciate
the criminality of the conduct or to conform the conduct to the requirements of
law.
(f) An expert opinion regarding;
if the individual is determined guilty except for insanity of a misdemeanor is the
individual a substantial danger to others as defined in these rules.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB2836
Stats. Implemented: OL 2011,
HB 3100
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 16-2012, f. & cert. ef. 12-26-12; MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0030
Forensic Evaluation Review
Panel
(1) A multi-disciplinary review panel
shall be appointed by the director of the Addictions and Mental Health Division
and serve at the discretion of the Director to review forensic evaluation reports
submitted in support of applications for certification.
(2) An individual interested
in participating in the Forensic Evaluation Review Panel shall submit a letter of
interest to the OHA Director of the Addictions and Mental Health Division along
with a resume.
(3) Members shall be experienced
in the criminal justice system and have familiarity with the issues of competency
and criminal responsibility.
(4) Members shall serve a
two year term and are eligible for reappointment at the discretion of the Director.
Vacancies occurring during a member’s term shall be filled immediately for
the remainder of the unexpired term.
(5) Members shall be reimbursed
on a per diem basis for each day during which the member is engaged in the performance
of official duties.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 161.392, 419C.382
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14; MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0035
Forensic Evaluation Review
Panel Process
(1) Members of the Forensic Evaluation
Review Panel will meet at the discretion of the authority to review all submitted
redacted forensic evaluation reports as the need arises.
(2) Redacted forensic evaluation
reports will be reviewed by panel members with different professional backgrounds
to determine whether the reports have met the requirements of form and content.
(3) Panel members will issue
a report to the division with feedback for the certified forensic evaluator.
(4) The Review Panel will
participate in the process for reviewing complaints and remediation plans under
309-090-0060 through 309-090-0062 and make recommendations to the Authority if requested.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
ORS 161.392, HB 3100, HB 2836, 419C.382
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0040
Forensic Evaluator Training Program
(1) The Authority will establish a course
of training for persons desiring the issuance of a certificate. At a minimum the
training will include a review of:
(a) The Oregon statutes and
case law applicable to the issues of competency and criminal responsibility;
(b) Testing and techniques
related to assessing competency and criminal responsibility
(c) The required contents
of a report;
(d) The ethical standards
and considerations relevant to an evaluation of competency and criminal responsibility
(e) Assessment of risk to
others and recommendations for treatment and services
(2) Additional specialized
training shall be required for evaluators desiring to perform evaluations on children
younger than age 15 and other specialized populations.
(3) An examination will be
administered at the completion of the initial training.
(4) Updates to this training
shall be provided every two years and consist of information regarding relevant
changes to the law, rules, process for Forensic Evaluator Certification, and relevant
advanced topics.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 12-2011(Temp),
f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12;
MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0050
Confidentiality
Except for the names of certified evaluators,
all records provided to the authority or the division under these rules are confidential
and privileged and may not be released or utilized for any purpose outside these
rules. Any practitioner who in good faith complies with these rules, including providing
sample evaluations for review in order to maintain certification, is not responsible
for any failure by another person or agency to maintain confidentiality, in regard
to these rules.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 13-2012, f. &
cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14
309-090-0055
Certification Denial, Suspension,
Revocation, Non-Recertification and Complaints Regarding Content of Written Evaluation
Reports
(1) An applicant may be denied certification,
or an evaluator may be denied recertification for reasons including but not limited
to:
(a) The applicant for initial
or recertification attempted to procure a certification through fraud, misrepresentation
or deceit;
(b) The applicant for initial
or recertification submits to the Authority any notice, statement or other document
required for certification which is false or untrue, or contains any material misstatement
or omission of fact;
(c) The applicant for initial
or recertification has been convicted of a felony; or
(d) The applicant for initial
or recertification fails to meet the requirements for receiving certification or
recertification.
(2) An applicant’s
certification may be revoked for any of the following reasons:
(a) The evaluator fails to
meet any of the applicable requirements of these rules;
(b) The applicant loses his
or her professional license for any reason;
(c) The Authority accepts
one or more complaints regarding the content of written reports; the forensic review
panel reviews the complaints and determines that the deficiencies in the reports
represent a substantial departure from the standards of practice established by
these rules. Complaints regarding content are limited to standards set forth in
OAR 309-090-0025.
(3) The Authority may immediately
suspend an evaluator’s certification in the event of a situation in which
the Authority determines that immediate action is necessary, such as receipt of
a serious complaint which has not yet been fully reviewed by the Authority.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. &
cert. ef. 10-29-14
309-090-0060
Complaints on Which the Authority
Can Act
(1) Any complaint regarding the content
of forensic evaluation reports must be submitted in a form and manner prescribed
by the Authority and provide sufficient detail as to why the evaluation report is
cause for a complaint.
(2) Complaints considered
by the Authority must be limited to standards for content of written forensic evaluation
reports as set forth in OAR 309-090-0025.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. &
cert. ef. 10-29-14
309-090-0065
Complaint Processing and Investigation
(1) If a complaint is accepted, reviewed
by the Authority, and found to warrant consideration by the forensic evaluation
review panel, the evaluation report(s) will be forwarded to the panel for consideration
and determination as to whether or not the deficiencies represent a substantial
departure from the standards of practice established by these rules.
(2) If the Authority determines
that there is substantial departure from the standards set forth in OAR 309-090-0025,
the Authority in consultation with the forensic evaluation review panel shall provide
written notice to the evaluator which may include recommended remediation steps
provided by the review panel, denial of certification, or revocation of certification.
(3) if a remediation plan
is recommended by the review panel, an evaluator shall have 30 days from the date
of notice to respond with a written plan for remediation. If the plan is approved
by the Authority, the evaluator will maintain temporary certification status for
up to six months at which time the Authority will determine whether the issues raised
have been adequately addressed.
(a) If the issues raised
have been adequately addressed, the Authority shall withdraw its notice and grant
or restore full certification.
(b) If the issues have not
been adequately addressed, the Authority may proceed with denial or revocation of
certification and shall provide notice of the applicant’s right to appeal,
pursuant to the provisions of ORS Chapter 183.
(4) If certification is denied
or revoked and evaluator may request reconsideration by the Director of the Authority
by submitting a written request within 15 business days of receiving notice.
(5) Individuals making complaints
on issues determined to be not covered by these rules may be referred to the appropriate
licensing boards.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. &
cert. ef. 10-29-14
309-090-0070
Contested Case Hearing
If the Authority denies, revokes, non-renews,
suspends, or imposes a condition on certification, the Authority shall provide notice
of the applicant’s right to a hearing pursuant to the provisions of ORS Chapter
183.
Stat. Auth.: ORS 161.309-161.370, 161.392,
419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011,
HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. &
cert. ef. 10-29-14


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