[OBOPeNews] Notice- Proposed Board Rulemaking

[OBOP updates]

Notice: Proposed Board Rulemaking
Please find attached a rulemaking notice document from the Board of Psychology.
Rule Caption: Oregon practice, foreign degree education, psychological records, investigations, communication and responsibility, alternative name, and cleanup.
Rule Summary

  *   Adopt OAR 858-010-0003: Defines when a person practices psychology or represents themselves as a psychologist in Oregon.
  *   Amend OAR 858-010-0005: Removes board member communication provision that is contrary to public meetings law, and strict deadlines for agenda and meeting minute distribution. Other technical fixes.
  *   Amend OAR 858-010-0010: Clarifies foreign degree program and evaluation requirement for psychologist licensure educational requirements.  Removes requirement that program requirements must specifically be part of the doctoral degree, and allows requirements of the graduate program to be included.
  *   Amend OAR 858-010-0013: Removes obsolete reference to a repealed rule.
  *   Amend OAR 858-010-0034: Updates statutory citation following renumbering resulting from Senate Bill 40 (2017).
  *   Amend OAR 858-010-0060: Clarifies failure to comply provision of psychological records rule.
  *   Amend OAR 858-010-0061: Adds requirement to provide nickname or alternative personal name to the Board. Makes amendments to provide information consistent with new online licensing system.
  *   Repeal OAR 858-010-0080: Removes obsolete rule provision repealing other rules from 1974.
  *   Amend OAR 858-020-0015: Makes technical correction to Executive Director title, in conformance with other rule sections.
  *   Amend OAR 858-020-0035: Removes unnecessary requirements that complaints received must always include written statements, documentation, and submission of a signed complaint form, and that the Board provide complainants a copy of ORS 676.160.  Clarifies that Board may initiate investigations.
  *   Amend OAR 858-020-0045: Expands provisions for failure to cooperate with a Board investigation and sets forth prohibitions including witness harassment and intimidation, retaliation, and deception.  Other language clarifications.
  *   Amend OAR 858-020-0105: Clarifies the Board's responsibility to the public, which does not include the provision of advisory opinions or legal advice.
Need for the Rule(s)
The Board found that various rule language needed updating due to statutory renumbering, obsolete references, the Agency's recent implementation of an online licensing system, redundancy, and other needed process improvements in licensing and investigations.  An explicit description of the when a person practices psychology in Oregon will provide clarity to the public and guide the Board in its regulatory functions. The Board reviewed the foreign degree educational requirement and found that the rule was not in alignment with how academic programs are typically structured in other countries, which could pose an unnecessary barrier to licensure for otherwise qualified candidates.  The additional requirement to notify the Board of nicknames or alternative personal names will help bolster transparency to the public, facilitate patients' access to their psychological records, and avoid unnecessary allegations of unlicensed practice. The Board determined that it was important to clarify the requirements for cooperation with a Board investigation, and expand them to include witness intimidation, threats, harassment, and retaliation for another person's participation in a Board investigation.
Public Comment
The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business.  Please email your comments to laree.stashek at mhra.oregon.gov<mailto:laree.stashek at mhra.oregon.gov> or mail them to the Board's office at 3218 Pringle Road SE, Ste. 130, Salem, OR 97302.  All comments must be received no later than 5:00 p.m. on August 23, 2023.
Website
The above documents are also available on the Board's Rulemaking Webpage<https://www.oregon.gov/Psychology/Pages/Rulemaking.aspx>.

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Thank you,

OBOP Staff
Data Classification: Level 1, Published
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