Psychologists

ORS 675.070
Authorized sanctions

  • grounds for imposing sanctions
  • civil penalty

(1)

If any of the grounds enumerated in subsection (2) of this section exist, the Oregon Board of Psychology may impose any of the following sanctions:

(a)

Deny a license to an applicant;

(b)

Refuse to renew the license of a psychologist or psychologist associate;

(c)

Suspend the license of a psychologist or psychologist associate for a period of not less than one year;

(d)

Issue a letter of reprimand;

(e)

Impose probation with authority to restrict the scope of practice of a psychologist or psychologist associate or require practice under supervision;

(f)

Revoke the license of a psychologist or psychologist associate; or

(g)

Impose a civil penalty as described in subsection (3) of this section.

(2)

The board may impose a sanction listed in subsection (1) of this section against a psychologist or psychologist associate or applicant, or, if applicable, an unlicensed person found in violation of ORS 675.010 (Definitions for ORS 675) to 675.150 (Enforcement procedures), when, in the judgment of the board, the person:

(a)

Has an impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards);

(b)

Has been convicted of violation of a law relating to controlled substances;

(c)

Has been convicted of a felony or misdemeanor involving moral turpitude;

(d)

Is guilty of immoral or unprofessional conduct or of gross negligence in the practice of psychology, including but not limited to:

(A)

Conduct or practice contrary to recognized standard of ethics of the psychological profession or conduct or practice that constitutes a danger to the health or safety of a patient or the public, or conduct, practice or a condition that adversely affects a psychologist or psychologist associate’s ability to practice psychology safely and skillfully.

(B)

Willful ordering or performing of unnecessary tests or studies, administration of unnecessary treatment, failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care, or otherwise ordering or performing a psychological service or treatment that is contrary to recognized standards of practice of the psychological profession;

(e)

Has practiced or attempted to practice medicine without being licensed to do so;

(f)

Has obtained or attempted to obtain a license under ORS 675.010 (Definitions for ORS 675) to 675.150 (Enforcement procedures) by fraud or material misrepresentation;

(g)

Has impersonated a licensed psychologist or psychologist associate or has allowed another person to use the license of the psychologist;

(h)

Has violated a provision of ORS 675.010 (Definitions for ORS 675) to 675.150 (Enforcement procedures) or 675.850 (Prohibition on practice of conversion therapy) or a provision of the code of professional conduct formulated under ORS 675.110 (Powers of board) (13);

(i)

Has obtained a fee or payment from a patient or third party payer through fraud or intentional misrepresentation; or

(j)

Notwithstanding ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), has been convicted of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A) or has been convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A).

(3)

The board may impose a civil penalty under subsection (1) of this section:

(a)

In an amount not to exceed $5,000; or

(b)

In an amount not to exceed $10,000, if any of the following conditions exist:

(A)

The conduct giving rise to the penalty had a serious detrimental effect on the health or safety of another person;

(B)

The person subject to the penalty has a history of discipline for the same or similar conduct;

(C)

The conduct giving rise to the penalty involves a willful or reckless disregard of the law;

(D)

The conduct giving rise to the penalty was perpetrated against a minor, an elderly person or a person with a disability; or

(E)

The person subject to the penalty violated ORS 675.020 (Practice or representation as psychologist prohibited without license) by practicing psychology or representing that the person is a psychologist without having a license.

(4)

If a conviction described in subsection (2) of this section is used as grounds for denial, refusal, suspension, revocation, reprimand, probation or imposition of a civil penalty, a certified copy of the record of the conviction shall be conclusive evidence.

(5)

The board may license an applicant or renew or restore a license suspended or revoked under subsection (2)(a) of this section due to a mental health condition if the board determines that the applicant or former licensed psychologist or former psychologist associate no longer has an impairment due to a mental health condition.

(6)

License suspension or revocation in another state is grounds for license denial or disciplinary action by the board. [1963 c.396 §8; 1973 c.777 §10; 1979 c.744 §49; 1985 c.90 §7; 1989 c.44 §1; 1989 c.217 §1; 1989 c.444 §1; 2009 c.441 §1; 2009 c.756 §6; 2015 c.79 §2; 2015 c.611 §1; 2017 c.6 §10; 2017 c.104 §12]

Notes of Decisions

Board of Psychologist Examiners was not required to further define, through rulemaking, ethical standard which petitioner-psychologist was found to have violated through sexual relationships with patients and Board acted within its statutory authority in revoking petitioner’s license to practice. Gilmore v. Board of Psychologist Examiners, 81 Or App 321, 725 P2d 400 (1986), Sup Ct review denied

Even if same facts would support both sanctions, board’s factual findings of unprofessional conduct within an emergency license suspension hearing cannot later support permanent suspension over accused’s request for new hearing. Miller v. Board of Psychologist Examiners, 289 Or App 34, 407 P3d 935 (2017)

Source

Last accessed
May 30, 2023

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