OAR 309-090-0010
Forensic Certification Types and Requirements


In order to submit an evaluation to the Court regarding a defendant’s or youth’s competency or criminal responsibility, the evaluator must be certified by the Authority under these rules.

(1)

Applications for Full Certification:

(a)

A psychiatrist must submit a completed application form, psychiatrist supplement, and nonrefundable $250 application fee and;

(A)

Have a current license to practice in Oregon;

(B)

Participate in and successfully complete the Oregon Forensic Evaluator Training; and, if the evaluator desires to perform juvenile forensic evaluations, also successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator Training; and

(C)

Submit to the Authority for review three redacted forensic evaluation reports completed by the applicant within the previous 24 months.
(i)
If an applicant desires to perform criminal responsibility forensic evaluations, the applicant must submit at least one redacted criminal responsibility forensic evaluation, if available.
(ii)
If an applicant desires to perform juvenile forensic evaluations, the applicant must submit at least one redacted forensic evaluation report of a youth, if available.

(b)

A licensed psychologist must submit a completed application form, psychologist supplement and nonrefundable $250 application fee and:

(A)

Have a current license to practice in Oregon;

(B)

Participate in and successfully complete the Oregon Forensic Evaluator Training; and , if the evaluator desires to perform juvenile forensic evaluations, also successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator Training; and

(C)

Submit to the Authority for review three redacted forensic evaluation reports completed by the applicant within the previous 24 months.
(i)
If an applicant desires to perform criminal responsibility forensic evaluations, the applicant must submit at least one redacted criminal responsibility forensic evaluation, if available,
(ii)
If an applicant desires to perform juvenile forensic evaluations, the applicant must submit at least one redacted forensic evaluation report of a youth, if available.

(c)

A LCSW must submit a completed application form, social worker supplement, and nonrefundable $250 application fee and;

(A)

Have a current Oregon license as a clinical social worker as defined in ORS 675.530 (License);

(B)

Participate in and successfully complete the Oregon Forensic Evaluator Training including the specialized juvenile segment; and

(C)

Submit to the Authority for review three redacted forensic evaluation reports, specifically addressing juvenile competency, completed by the applicant within the previous 24 months.

(d)

A LCSW is restricted to performing forensic evaluations related to a youth’s fitness to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 119C.005.

(e)

Full Certification has a maximum duration of 24 months from certification date.

(2)

Temporary Certification:

(a)

OHA may grant Temporary Certification to those applicants who submit their completed applications, supplements, fees and proof of required licenses before the applicants complete their Oregon Forensic Evaluator Training and/or submit all of their redacted forensic evaluation reports. Applicants must attend the next regularly scheduled training date or request an extension which may be granted by the Authority.

(b)

Evaluators with Temporary Certification, who submit forensic evaluation reports for panel review, are certified to perform forensic evaluations on individuals charged with any offense including:

(A)

Aggravated murder;

(B)

Murder; or

(C)

A crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences)(2).

(c)

If no redacted forensic evaluation reports are available, evaluators may perform forensic evaluations of those charged with crimes, other than offenses listed in subsection (2)(b) of this rule, for the purpose of generating evaluation reports for the Authority to review.

(d)

For Certification purposes, psychiatrists enrolled in an Accreditation Council for Graduate Medical Education (ACGME)-Accredited residency training program may participate in evaluations where certification would otherwise be required when they are under the direct supervision and review of a psychiatrist or psychologist that has been granted Full Certification under these rules.

(e)

Temporary Certification has a maximum duration of 12 months. An extension of an additional three months may be granted by the Authority at its discretion for extenuating circumstances.

(3)

Conditional Certification. An evaluator, who has not been certified by the Authority, may be granted conditional certification by a court in a particular criminal or delinquency case for exigent circumstances, such as but not limited to an out of state expert evaluation being sought or an unusual expertise being required. The evaluator shall provide a copy of the court order granting them conditional certification to the Authority within 14 calendar days of that order. Conditional certification is limited to that specific criminal or delinquency matter and ends at the disposition of that particular case and the conditional certification.

Source: Rule 309-090-0010 — Forensic Certification Types and Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-090-0010.

Last Updated

Jun. 8, 2021

Rule 309-090-0010’s source at or​.us