The Oregon Administrative Rules contain OARs filed through January 15, 2010

BOARD OF CLINICAL SOCIAL WORKERS

877-040-0000

Management of Complaints

(1) The board intends to provide fair, expeditious response to complaints.

(2) A board member who is unable to render an impartial, objective decision regarding a complaint must abstain from participating in the preparation, hearing, deliberation and disposition of the complaint. An abstention is effective at the time a board member announces a decision not to participate.

(3) A board member who is a complainant or respondent in a complaint is disqualified from participating in the preparation, hearing, deliberation and disposition of the complaint.

(4) The board may initiate a complaint.

(5) The Consumer Protection Committee oversees investigations of complaints received by the board. The committee may conduct investigations, prepare reports, and negotiate proposed agreements and may perform other duties prescribed by the board. In carrying out these duties, the committee may assign to the board’s staff the duties of conducting investigations and preparing reports. Subject to the approval of the committee, the board Administrator may assist in negotiating a proposed agreement with a respondent.

(6) If the complainant is a client or former client of the respondent, the complainant must sign a waiver of confidentiality granting the board and its counsel access to records and other materials that are the ethical and legal responsibility of the respondent. Refusal by a complainant to comply with this requirement may result in the dismissal of the complaint.

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595(2)
Hist.: BCSW 1-1982, f. & ef. 1-29-82; BCSW 1-1986, f. & ef. 7-7-86; BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-1999, f. & cert. ef. 4-9-99; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09

877-040-0003

Definitions

The following definitions apply in this division of rules:

(1) “Complainant” -- A person or group of persons who files a complaint.

(2) “Complaint” -- A mandatory report or an allegation that a person regulated by the board has committed an act that would subject the person to discipline under ORS 675.540. A complaint should specifically describe the conduct complained of to the best of the ability of the complainant

(3) “Consumer Protection Committee” -- A committee of one or more board members assigned by the board to fulfill specified functions related to complaints.

(4) “Respondent” -- A person regulated by the board against whom a complaint is filed.

(5) “Social work” in ORS 675.540(1)(c) and (1)(d) means “clinical social work” as defined in ORS 675.510(2).

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595
Hist.: BCSW 1-1986, f. & ef. 7-7-86; BCSW 2-1991, f. & cert. ef. 5-30-91; BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-2001, f. & cert. ef. 5-4-01; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09; BLSW 1-2010, f. & cert. ef. 1-15-10

877-040-0010

Form of Complaints

(1) Any person may file a complaint alleging a violation of ORS 675.510 to 675.600 or of the rules of the board. A complaint must be in writing and may be submitted on a form provided by the board for complaints.

(2) A complaint must identify the complainant and the respondent.

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595(11)
Hist.: BCSW 1-1982, f. & ef. 1-29-82; BCSW 1-1986, f. & ef. 7-7-86; BCSW 1-1999, f. & cert. ef. 4-9-99; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09

877-040-0015

Notification to Respondent

(1) The Consumer Protection Committee may send a letter to the respondent stating the nature of the investigation and, if appropriate, an authorization to release confidential records. The committee will ask the respondent to provide a written reply within 30 days together with documents the respondent considers relevant.

(2) If the respondent replies to the request of the board, the reply is reviewed by the Consumer Protection Committee. The committee may ask for additional or more specific information.

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595(11)
Hist.: BCSW 1-1982, f. & ef. 1-29-82; BCSW 1-1986, f. & ef. 7-7-86; BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-1999, f. & cert. ef. 4-9-99; BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09

877-040-0016

Reporting Possible Prohibited Conduct to Law Enforcement Agency

(1) If, during the investigation of a complaint, a member of the Consumer Protection Committee or any board member believes a respondent has engaged in prohibited conduct, the committee or member must refer the case as soon as practicable to the board for its review. The board will review the case not later than the next regularly scheduled board meeting and will determine whether it has reasonable cause to believe that the respondent has engaged in prohibited conduct.

(2) If the board concludes there is reasonable cause to believe that the respondent has engaged in prohibited conduct, the board will present the facts to an appropriate law enforcement agency within 10 working days.

(3) In this rule, the term “prohibited conduct” has the same meaning given to it in section 1 (1)(c), chapter 536, Oregon Laws 2009. “Prohibited conduct” means conduct by a licensee that: (a) Constitutes a criminal act against a patient or client; or (b) Constitutes a criminal act that creates a risk of harm to a patient or client.” The term “licensee” in the definition includes all regulated social workers.

Stat. Auth.: ORS 675.510 - 675.600
Stats. Implemented: ORS 675.510 - 675.600
Hist.: BLSW 1-2010, f. & cert. ef. 1-15-10

877-040-0045

Stipulated Agreement

In the event the Consumer Protection Committee submits a proposed stipulated agreement to the board for consideration, the board may:

(1) Determine that approval is warranted and authorize the Chair or the board's designee to sign the agreement on behalf of the board;

(2) Determine that approval is not warranted;

(3) Direct the Consumer Protection Committee to renegotiate the agreement; or

(4) Take any other action authorized by law.

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595
Hist.: BCSW 1-1986, f. & ef. 7-7-86; BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-2001, f. & cert. ef. 5-4-01; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09

877-040-0050

Contested Case Hearing

When the board takes disciplinary action, the board will place notice of this action in the Directory of Clinical Social Work Associates and Licensed Clinical Social Workers and will provide information about the action for publication to the official newspaper of the county where the person disciplined practices and in Marion County. The board will also provide notice of the action to the Oregon Chapter of the National Association of Social Workers (NASW) and to the Association of Social Work Boards (ASWB) Disciplinary Action Reporting System (DARS).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595
Hist.: BCSW 1-1986, f. & ef. 7-7-86; BCSW 2-1991, f. & cert. ef. 5-30-91; BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-1995, f. 6-26-95, cert. ef. 7-1-95; BCSW 1-2001, f. & cert. ef. 5-4-01; BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09

877-040-0055

Request for Hearing

(1) To request a contested case hearing, a respondent, or an attorney on behalf of the respondent, must submit a written hearing request and answer to the board within the time specified in the notice of proposed action.

(2) An answer must include the following:

(a) An admission or denial of each factual matter alleged in the notice of proposed action.

(b) A short and plain statement of each relevant affirmative defense the respondent may have to the allegations in the notice of proposed action.

(3) Except for good cause:

(a) Factual matters alleged in the notice of proposed action and not denied in the answer are presumed admitted.

(b) Failure to raise a particular defense in the answer constitutes a waiver of the defense.

(c) New matters alleged in the answer, including affirmative defenses, are presumed denied by the board.

(d) Evidence may not be taken on an issue not raised in the notice of proposed action or the answer.

Stat. Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats. Implemented: ORS 675.595(11)
Hist.: BCSW 1-1995, f. 6-26-95, cert. ef. 7-1-95; BCSW 1-1999, f. & cert. ef. 4-9-99; BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09

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