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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS

 

DIVISION 110

COMPLIANCE

833-110-0011

Response to Complaints

(1) Charges or information, filed by any person, group of persons, or the Board on its own action that a counselor or therapist, licensee, or applicant for licensure is incompetent or has committed an act or acts in violation of ORS 675.745, 675.755, or 675.765, the licensing law or rules adopted by the Board including the Code of Ethics will be considered a complaint of professional misconduct.

(2) Charges or information, filed by any person, group of persons, or the Board on its own action that a person who does not hold a valid license issued under ORS 675.715 is or has indicated state licensure as a professional counselor or marriage and family therapist will be considered a complaint of title violation.

(3) The Board will make forms available to the public and encourage complainants to use the Board's form. However, the complaint may be filed in any format, written or oral as long as it:

(a) Is filed at the Board office;

(b) Includes a first and last name of the counselor or therapist who is the subject of the complaint; and

(c) Indicates incompetence, or action that may be considered misconduct or violation of the law or rules administered by the Board.

(4) Upon receipt of a complaint, a complaint file will be opened. The complaint will be immediately assigned to a delegated representative who will conduct a preliminary investigation or review and determine if additional investigation and the assignment of additional investigators is necessary or file a report with the Board recommending the complaint be dismissed without further action.

(5) Additional investigators will be assigned by a delegated representative of the Board and the subject of the complaint will be notified that he/she is under investigation and provided with general information regarding the nature of his/her conduct that is being investigated. Notification may request a written response. Licensees and applicants must cooperate with Board representatives during investigations.

(6) At the conclusion of the investigation, a report will be filed with the Board in accordance with ORS 676.165–676.180. The report will:

(a) Describe evidence, summarize witness interviews, and present any disciplinary history with the Board; and

(b) Be submitted within 120 days from the date the complaint was filed, unless a 30-day extension or subsequent 30-day extensions were granted by a delegate of the Board for just cause, which may include but not be limited to complexity of case, location of evidence or witnesses, unavailability of witnesses, number of other pending actions involving licensee/applicant that affect ability to obtain evidence, ability of investigator to accomplish task due to workload, health, work schedule, or previous personal commitments, end of appointment, termination of employment or contract, or legal actions.

(7) Following review of the investigation report, the Board may dismiss the complaint, issue a warning, propose disciplinary action, propose non-disciplinary action, negotiate a stipulated agreement in lieu of hearing, default, or disciplinary action. Board discussions will be in executive session, closed to the public. Decisions as to action will be voted upon during a public meeting, but case numbers will be used. Decisions to propose disciplinary action, suspension, revocation, or denial of license, will be made known to the public if adopted by a majority vote of the Board. A notice of intent to propose disciplinary action with opportunity for hearing will be issued by the Board Administrator and served upon the applicant or licensee, and may be provided to the complainant.

(8) The Board will maintain written procedures for handling complaints, which will be available through the Board office.

(9) Complaint and information gathered by investigation into licensee or applicant competency or conduct will be kept confidential in accordance with ORS 676.165–676.180. The Board must not reveal when a complaint has been filed nor identify the identity of the person or persons filing the complaint. Only information included in the notice to take disciplinary action voted by a majority of the Board and the final order or stipulated agreement will be available to the public.

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

833-110-0021

Disciplinary Action

(1) The Board will initiate disciplinary actions for failure to meet professional conduct and practice standards, or violation of the licensing law or rules when it determines probable cause of:

(a) Failure to meet the standards requirements for continuation of licensure that are unlikely to harm clients or the public;

(b) Professional misconduct or incompetence capable of causing or resulting in harm to a client or the public; and

(c) Title violation.

(2) Proposed disciplinary actions include, but are not limited to:

(a) Suspension or revocation of licensure;

(b) Refusal to issue or renew a license;

(c) Civil penalty of up to $2,500 per occurrence for violation; and

(d) Reprimand, probation, probation with specific conditions.

(3) Negotiated disciplinary actions include, but are not limited to, letter of reprimand, limited suspension, probation, limited practice, education, enrollment in an impaired professional program, rehabilitation, supervision, therapy, payment of disciplinary costs or civil penalties, or any combination thereof.

(4) Non-disciplinary actions include, but are not limited to, letter of concern or voluntary diversion.

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

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