OR LPC Jurisprudence flashcards
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31 cards. Read the term and the definition here. The deck at the top of this page is optional.
- ORS chapter 675
- Oregon's statutory chapter containing the professional counselor licensing law, including definitions, Board composition, licensure requirements, prohibited conduct, and disciplinary authority.
- OAR chapter 833 division 30
- Administrative rules adopted by the Oregon Board of Licensed Professional Counselors and Therapists implementing the counseling statute, covering licensure, supervision, fees, and discipline.
- Definition of professional counseling
- Applying mental health and human development principles to help individuals and groups achieve effective personal, social, educational, and career development and adjustment.
- Board composition
- The Board includes licensed professional counselors, licensed marriage and family therapists, and public members appointed by the Governor; public members are not providers.
- Supervised clinical experience rule
- OAR 833-030-0005 requires licensure candidates to complete a minimum number of postgraduate supervised clinical hours over a minimum time period before licensure.
- Confidentiality exceptions
- Disclosure without client consent is permitted when required by law, such as suspected child or elder abuse, imminent risk of serious harm, or a valid court order.
- Continuing education requirement
- Licensees must complete a set number of clock hours per renewal cycle, including designated ethics and cultural competence or suicide risk assessment hours.
- Biennial renewal cycle
- Licenses renew on a fixed two-year schedule; renewal dates, fees, and late penalties are established by Board rule rather than by individual arrangement.
- Qualifying graduate degree
- A licensure pathway requires a graduate degree in counseling or a related field meeting the Board's credit and curriculum standards, typically 60 semester credits.
- Licensure examination requirement
- Applicants must pass the Board-approved national examination; the passing score threshold is set by rule, not solely by the testing vendor.
- Restricted title LPC
- Only active licensees may use the title Licensed Professional Counselor or the abbreviation LPC; unlicensed use of the title is prohibited.
- Scope of practice limits
- Counselors must practice within their education, training, and supervised experience and must refer or obtain supervision when a client's needs exceed competence.
- Prescribing authority
- Licensed professional counselors do not prescribe medication or order medical procedures; those activities fall outside the counseling scope of practice.
- Board-approved supervisor
- Supervision of licensure candidates must be provided by a supervisor meeting Board qualifications and documented in a written supervisory agreement.
- Lapsed license practice
- Practicing while a license is expired, inactive, or suspended constitutes unlicensed practice and may result in civil penalties and criminal referral.
- Licensure by endorsement
- Out-of-state licensees may obtain Oregon licensure through reciprocity or endorsement only where Board rules permit and substantive Oregon requirements are met.
- Informed consent elements
- Before services begin, counselors disclose the nature of services, fees, confidentiality limits, and the client's right to withdraw consent.
- Multiple relationship rule
- Counselors avoid relationships that could impair objectivity or exploit clients; incidental contacts must be documented and actively managed.
- Sexual relationship prohibition
- Sexual or romantic relationships with current clients, and with former clients within a defined post-termination period, are prohibited.
- Record retention
- Counselors maintain records consistent with professional standards and retain them for the period specified by Board rule after services terminate.
- Truthful advertising
- Advertising must be accurate and not misleading; claims of specialization, testimonials, and credentials must be truthful and verifiable.
- Fee disclosure and bartering
- Fees must be disclosed in advance; bartering is permitted only when non-exploitative and documented in a written agreement with the client.
- Duty to report violations
- Counselors must report ethical violations of other licensees to the Board and seek consultation or supervision when facing ethical dilemmas.
- Complaint filing and screening
- Any person may file a complaint; the Board screens it to determine whether it alleges a violation within the Board's jurisdiction.
- Investigation authority
- The Board may investigate, request records, and issue subpoenas; failing to cooperate with an investigation is itself a ground for discipline.
- Available sanctions
- Board sanctions include reprimand, probation with conditions, suspension, revocation, and civil penalties, depending on the violation's severity.
- Contested case hearing
- Due process requires notice of charges and an opportunity for a contested case hearing under the Oregon Administrative Procedures Act, ORS chapter 183.
- Interim suspension
- The Board may impose interim suspension or practice restriction where an immediate risk to public health or safety exists, subject to a prompt hearing.
- Grounds for discipline
- Grounds include unprofessional conduct, incompetence, fraud in obtaining a license, practicing while impaired, and violating Board rules or statutes.
- Monitoring conditions
- The Board may require evaluation, treatment, or monitoring as a condition of continued or reinstated practice; noncompliance is a separate violation.
- Public final orders
- Board final orders are public records; the Board publishes disciplinary actions and reports to national databases as required by rule.