Oregon Statutes and Administrative Rules Governing Counseling and MFT Practice
The legal architecture
Oregon counseling and MFT practice is governed by ORS 675.705 to 675.835 and by Board rules in OAR chapter 833. The statutes create the Board, define licensed professional counseling and marriage and family therapy, establish licensure and disciplinary authority, and delegate rulemaking. The administrative rules supply the operational detail: applications, supervised-hour documentation, fees, continuing education, professional disclosure, ethical standards, and complaint handling.
Statute and rule together
A statute is enacted by the legislature; a rule is adopted by the Board under delegated authority. Both bind licensees. If a rule conflicts with a statute, the statute controls, but most rules fill gaps. The Board may discipline for violating a statute, violating a rule, or engaging in unprofessional conduct that is not captured by a narrow rule.
Worked example
A licensee advertises “Board-certified” although the Board issues licenses, not that certification. The issue is not whether advertising is generally distasteful; it is whether the statement is false or misleading under the Board’s advertising rule and the disciplinary statute. The Board can treat it as unprofessional conduct. The licensee’s argument that “no statute uses the word certified” fails because the rule prohibits misleading representations and the statute reaches unprofessional conduct.
Traps
Do not treat a national ethics code as the sole legal standard; Oregon statutes and OARs control. Do not confuse the Board with the Oregon Health Authority. Do not cite an OAR number from memory without checking the current chapter 833. Do not assume a rule is merely advisory-it is enforceable.