Oregon Administrative Rules Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY
Oregon Administrative Rules (OAR) Chapter 858
Mental Health Regulatory Agency — Oregon Board of Psychology
Overview
The Oregon Board of Psychology operates as part of the Mental Health Regulatory Agency (MHRA) and is tasked with regulating the practice of psychology within Oregon. The Board’s responsibilities include:
Licensing psychologists and psychological assistants
Establishing standards of professional conduct and practice
Investigating complaints and disciplining licensees
Protecting public health, safety, and welfare by ensuring competent and ethical psychological services
Chapter 858 of the Oregon Administrative Rules sets forth the detailed regulations for licensure, scope of practice, ethical standards, continuing education, complaint procedures, and disciplinary actions.
Statutory Authority
The Board's authority stems primarily from the Oregon Revised Statutes (ORS) Chapter 675, specifically:
ORS 675.010 et seq. — Regulation of psychologists
ORS 676.150 — Licensing requirements and procedures
ORS 676.165 — Grounds for disciplinary actions
The Oregon Administrative Rules (OAR) Chapter 858 provide the Board’s detailed rules for implementing these statutes.
Purpose of OAR Chapter 858
To establish qualifications for licensure as a psychologist or psychological assistant
To define the scope of practice and ethical obligations of licensees
To implement standards for examination and continuing education
To outline procedures for complaints, investigations, and disciplinary hearings
To ensure public protection through regulation and enforcement
Key Provisions of OAR Chapter 858
1. Licensing Requirements
Specifies educational prerequisites, including degrees from accredited institutions.
Details supervised experience requirements, such as internship and postdoctoral hours.
Requires passage of the Examination for Professional Practice in Psychology (EPPP) and Oregon law and ethics exams.
Describes the process for application, fees, and renewal.
2. Scope of Practice
Defines psychological practice to include assessment, diagnosis, treatment, and consultation related to mental health, emotional, behavioral, and neuropsychological issues.
Clarifies permitted activities for licensed psychologists vs. psychological assistants.
3. Standards of Professional Conduct
Requires adherence to ethical codes such as the APA Ethics Code.
Prohibits misconduct including sexual misconduct, fraud, incompetence, breach of confidentiality, and unprofessional behavior.
Requires maintenance of client records and informed consent.
4. Continuing Education
Licensees must complete a specified number of continuing education hours biennially.
Defines acceptable continuing education activities and providers.
5. Complaint and Discipline Procedures
Sets forth procedures for filing complaints against licensees.
Details investigation protocols, including subpoena power and confidentiality.
Provides for informal resolution or formal hearings.
Authorizes sanctions such as license suspension, revocation, probation, fines, or reprimands.
6. Licensing Psychological Assistants
Specifies supervision and reporting requirements.
Limits on the activities that assistants may perform without direct supervision.
Relevant Case Law Involving OAR Chapter 858 and the Board of Psychology
Although specific Oregon appellate cases addressing OAR Chapter 858 in isolation are somewhat limited, related cases involving the Board’s authority and disciplinary actions highlight how courts treat these regulations.
1. Deference to Agency Expertise and Rulemaking
Courts generally defer to the Oregon Board of Psychology’s expertise in interpreting professional standards and enforcing licensure rules, provided the Board acts within its statutory authority.
Example principle: When the Board imposes discipline based on ethical violations under OAR 858, courts uphold the Board’s findings if supported by substantial evidence.
2. Due Process in Disciplinary Actions
Oregon courts require that licensees facing discipline receive due process, including:
Notice of allegations
Opportunity for a fair hearing before an impartial tribunal
Right to counsel and to present evidence
If these procedural protections are violated, courts may reverse or remand disciplinary decisions.
3. Scope of Practice Enforcement
Courts have supported the Board’s authority to restrict or discipline psychologists practicing beyond their authorized scope, reinforcing the public protection mandate.
4. Confidentiality and Ethical Violations
In disciplinary proceedings, courts have recognized the Board’s role in enforcing confidentiality and ethical rules, particularly regarding the handling of client records and breaches of trust.
Hypothetical Example
A psychologist is accused of failing to maintain proper client records and engaging in unprofessional conduct.
The Board investigates under OAR Chapter 858, issues a notice of proposed discipline, and holds a hearing.
The psychologist challenges the Board’s decision, claiming insufficient evidence and denial of due process.
The court reviews the record, finds the Board acted within its rules and statutory authority, and affirms the discipline.
Summary
OAR Chapter 858 provides the detailed framework under which the Oregon Board of Psychology regulates the psychological profession. It ensures that psychologists are qualified, competent, and ethical, protecting Oregon residents who seek psychological services.
The rules govern licensure, practice standards, continuing education, and discipline.
Courts generally uphold the Board’s authority and expertise but require fair process and adherence to statutory limits.
The overarching goal is to safeguard public health and welfare by maintaining high professional standards in psychology.
RELATED Blog
0 comments