OR SW Jurisprudence flashcards
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- Oregon social work practice act
- Codified at ORS 675.510 to 675.600, this statute establishes the Board of Licensed Social Workers and sets licensure, scope, and disciplinary authority for Oregon social workers.
- Board of Licensed Social Workers
- Oregon's regulatory body created under ORS 675.530, responsible for licensing, rulemaking, investigating complaints, and imposing discipline on social workers statewide.
- OAR chapter 877
- Administrative rules implementing Oregon's social work practice act, covering licensing (division 20), supervision (division 25), code of conduct (division 30), and disciplinary actions (division 40).
- Continuing education requirement
- Oregon LCSWs and LMSWs must complete 30 clock hours every two years, including 6 ethics hours and 2 suicide risk assessment hours for clinical licensees, per OAR 877-020-0100.
- License renewal cycle
- Oregon social work licenses renew every two years on the licensee's birth month; late renewal incurs additional fees and may result in inactive status until completed.
- Civil penalty authority
- Under ORS 675.560, the Board may impose civil penalties up to $5,000 per violation in addition to license suspension, revocation, or remedial education requirements.
- Arrest notification duty
- Oregon licensees must notify the Board in writing within 10 days of any arrest, charge, or conviction, and within 30 days of an address change.
- Jurisprudence examination
- Oregon applicants must pass a jurisprudence exam covering state statutes and rules as part of licensure application requirements under OAR 877-020-0000.
- LCSW scope of practice
- The Licensed Clinical Social Worker is the only Oregon social work license authorizing independent diagnosis and treatment of mental, emotional, and behavioral disorders under ORS 675.510.
- LCSW supervised experience
- Requires 3,500 hours of supervised clinical experience over at least two years, including 100 direct supervision hours with at least 50 individual hours, per OAR 877-025-0010.
- LMSW license
- Requires an MSW and passage of the ASWB Master's exam; LMSWs practice under supervision and may not independently diagnose or provide psychotherapy in Oregon.
- LBSW license
- Requires a BSW and passage of the ASWB Bachelor's exam; LBSWs provide generalist and case management services under supervision, without clinical diagnosis authority.
- Supervisor qualifications
- Oregon supervisors must hold an active LCSW for at least two years post-licensure and complete Board-approved supervisor training before supervising licensure candidates.
- Group supervision limit
- Under OAR 877-025-0010, group supervision may count toward no more than half of the required direct supervision hours for licensure candidates.
- Title protection
- Only licensed individuals may use the titles LCSW, LMSW, or LBSW; unlicensed use is a Class A violation subject to civil penalty under ORS 675.595.
- Weekly supervision hour cap
- Supervision hours may not exceed 40 per week for licensure candidates; excess hours are not counted toward the required supervised experience total.
- Informed consent duty
- Under OAR 877-030-0010, social workers must obtain informed consent covering services, risks, fees, confidentiality limits, and the client's right to withdraw.
- Dual relationship prohibition
- Social workers may not engage in relationships that impair professional objectivity or exploit clients; bartering is allowed only if culturally appropriate, non-exploitative, and documented.
- Sexual contact prohibition
- Sexual contact with current clients is prohibited regardless of consent; the Board may sanction sexual contact with former clients within two years of termination.
- Record retention rule
- Oregon social workers must retain clinical records at least seven years after termination, or until a minor client reaches age 21, whichever is longer.
- Disciplinary process stages
- Complaint, Board investigation, notice of charges, contested case hearing before an administrative law judge under ORS chapter 183, and a final Board order.
- Sanction escalation
- Board sanctions progress from reprimand to probation with conditions, suspension, and revocation; civil penalties and remedial education may accompany any sanction level.
- Adverse action reporting
- Licensees must report to the Board within 10 days any adverse licensing action by another jurisdiction or any malpractice payment made on their behalf.
- Impaired practice program
- The Board may order evaluation and monitoring through a Board-approved program; self-reporting impairment before a complaint is filed may mitigate discipline.
- Psychotherapist-client privilege
- Established by ORS 40.225 and ORS 675.540, this privilege belongs to the client and may be waived only by the client or legal guardian.
- Child abuse reporting deadline
- ORS 419B.010 requires any person, including social workers, to report suspected child abuse by phone within 24 hours, followed by a written report within 48 hours.
- Elder abuse reporting
- ORS 124.050 requires reporting to Adult Protective Services or law enforcement when there is reasonable cause to believe an elder or vulnerable adult has been abused.
- Confidentiality exceptions
- Permitted disclosures include imminent risk of serious harm, court order, mandatory abuse reporting, and written authorization; disclosure must be limited to the minimum necessary.
- Minor consent age
- Under ORS 109.675, minors aged 14 and older may consent to outpatient mental health treatment; parental record access may be limited accordingly.
- Client record access
- ORS 192.553 to 192.581 grant clients the right to access their records, with limited exceptions such as imminent harm to the client or others.
- 42 CFR Part 2
- Federal rule governing substance use disorder records; consent requirements are stricter than HIPAA authorization and generally prohibit redisclosure without specific written consent.
- Duty to warn standard
- Oregon follows a permissive standard under ORS 179.505, allowing but not mandating disclosure to protect an identifiable third party from a serious threat of violence.