[OBOPeNews] Notice- Proposed Board Rulemaking

Tue May 13 14:10:24 PDT 2025

Notice: Board Proposed Rulemaking, Public Comment Period Open
Please find attached three rulemaking notice documents from the Board of Psychology.
Rule Caption #1: Repeals OAR 858-010-0037, supervised work experience for psychologist associate licensure.
Rule Summary
Repeal OAR 858-010-0037: Repeals the rule describing the supervised work experience that was required for licensure as a psychologist associate.
Need for the Rule(s)
The Board proposes to repeal an obsolete rule.  House Bill 2117 passed during the 2021 Regular Legislative Session, sunsetting the psychologist associate license as of January 1, 2022, but retaining the Board's authority to regulate currently licensed psychologist associates.  There are no longer any psychologist associate applicants or residents practicing under OAR 858-010-0037.
Rule Caption #2: Implementing SB1557, prohibiting licensees from denying services to youth on basis of intellectual/developmental disability.
Rule Summary
Adopt OAR 858-010-0301: Prohibits Board licensees, residents, and temporary practitioners from denying any individual under the age of 21 years access to mental health assessment, treatment or services on the basis that the individual also has an intellectual or developmental disability.
Need for the Rule(s)
The Board must implement Senate Bill 1557, which passed during the 2024 Short Legislative Session and added a requirement (at Section 5) for mental/behavioral health licensing agencies to adopt rules that prohibit licensees from denying "any individual under the age of 21 years access to mental health assessment, treatment or services on the basis that the individual also has an intellectual or developmental disability."
Rule Caption #3: Board member compensation and expense reimbursement; Board record maintenance.
Rule Summary
Amend OAR 858-010-0005: Sets Board member compensation equal to ORS 171.072(9) for performance of official duties, which is in addition to other allowable reimbursement for travel or other expenses.  Allows members to decline compensation or reimbursement of expenses.  Updates the rule pertaining to maintenance of Board records.
Need for the Rule(s)
House Bill 2992 (2021) added a requirement for state boards and commissions to pay specific compensation and expenses to certain board members.  The Board determined to apply this across the board for consistency and equity, and to clarify that members may decline compensation or reimbursement of expenses. The rule related to records also needs updating to reflect electronic records where files are no longer "checked out" to members.
Public Comment
Regarding the above three rulemaking proposals- 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. 120, Salem, OR 97302.  All comments must be received no later than 5:00 p.m. on June 24, 2025.
Filed Rule Notice
On May 12, 2025, the Board filed a Permanent Administrative Order for the following rule amendment:
Implements Senate Bill 1552, petition for predetermination based on criminal conviction, fee, and definitions.

  *   Amend OAR 858-010-0001: Removes unused and obsolete terms.  Clarifies that the most current version of the DSM is the fifth edition.  Adds definition of "petitioner" for licensure predetermination based on criminal history.  Updates the definition of regionally accredited institution (accrediting agency) to conform with a July 2020 change to federal rule that removed the distinction of "regional" versus "recognized" accrediting agencies.
  *   Adopt OAR 858-010-0019: Establishes procedures for filing of petition for licensure predetermination based on criminal conviction.  Sets forth filing requirements, expiration, disclosure requirements, review process, reconsideration, and other provisions.
  *   Amend OAR 858-030-0005: Establishes petition for licensure predetermination fee of $125.
Prior to beginning an educational program for a license issued by the Board, a person who was convicted of a crime may petition the Board for a predetermination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board.  The Board is currently implementing the process into the online licensing system and will begin accepting petitions on July 1, 2025.
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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