[OBOPeNews] Notice- Board Proposed Rulemaking

[OBOP updates]

Notice: Board Proposed Rulemaking, Public Comment Period Open
Please find attached a rulemaking notice document from the Board of Psychology.
Rule Caption: Update terms, application representations, examination failures, residency requirements, investigation process, and fee refunds.
Rule Summary

  *   Amend OAR 858-010-0018: Updates terms.
  *   Amend OAR 858-010-0020: Removes minimum $200 civil penalty for applicant failure to disclose an arrest or conviction.
  *   Amend OAR 858-010-0025: Removes automatic application denial for licensure candidates that fail the national written examination for a third time.
  *   Amend OAR 858-010-0030: Removes automatic application denial for licensure candidates that fail the jurisprudence examination for a third time.
  *   Amend OAR 858-010-0036: Adds clarifications to post-doctoral supervised work experience requirements and Board discretion to take action to address residency concerns.
  *   Amend OAR 858-020-0045: Amends process for notification of investigation to supervisors and investigator method of seeking guidance.  Clarifies that cooperation with a Board investigation includes sending other requested documents and that witness interviews are conducted as necessary.  Describes possible Board actions in the event of resident investigation or report of ethical concerns by supervisor.
  *   Adopt OAR 858-020-0096: Prohibits licensees, residents, temporary practitioners, and applicants from making misrepresentations to the Board or allowing third parties to submit responses to Board forms on their behalf.  Sets forth that failure to comply violates statute and may be grounds for sanction.
  *   Adopt OAR 858-030-0010: Sets forth when fees are refundable.
Need for the Rule(s)
The Board determined that it needs to update outdated language to be clearer to the public.  It is reconsidering its policies to automatically deny a licensure application after a third exam failure, and to automatically assess a minimum $200 civil penalty when applicants fail to disclose an arrest or conviction so that it has discretion to impose a lesser or no penalty.  The post-doctoral residency requirements need clarification around duration, supervision, and the Board's authority to take remedial action when there are competency concerns.  It was also determined that further discretion would allow notice and investigation processes to run more efficiently and effectively.
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 April 22, 2026.
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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