Text of OR HB 2307 (2015)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session House Bill 2307 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee on Health Care for Basic Rights Oregon) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Prohibits mental health care professionals and social health professionals from providing any service to person under 18 years of age for purpose of attempting to change person’s sexual orien- tation or gender identity. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to efforts to change an individual’s orientation; creating new provisions; amending ORS 675.070, 675.300, 675.336, 675.540 and 675.745; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) A mental health care or social health professional may not engage in efforts to change a person’s sexual orientation or gender identity if the recipient of those efforts is under 18 years of age. (2) As used in this section: (a)(A) “Efforts to change a person’s sexual orientation or gender identity” means the provision of services for the purpose of attempting to change a person’s sexual orientation or gender identity, including attempts to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender. (B) “Efforts to change a person’s sexual orientation or gender identity” does not mean: (i) Counseling that assists a client who is seeking to undergo a gender transition or who is in the process of undergoing a gender transition; or (ii) Counseling that provides a client with acceptance, support and understanding, or counseling that facilitates a client’s coping, social support and identity exploration or devel- opment, including counseling in the form of sexual orientation-neutral or gender identity- neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, as long as the counseling is not provided for the purpose of at- tempting to change the client’s sexual orientation or gender identity. (b)(A) “Mental health care or social health professional” means: (i) A licensed psychologist as defined in ORS 675.010; (ii) A psychologist associate licensed under ORS 675.065; (iii) An occupational therapist or occupational therapy assistant both as defined in ORS 675.210; (iv) A regulated social worker as defined in ORS 675.510; (v) A licensed marriage and family therapist or licensed professional counselor both as defined in ORS 675.705; and (vi) An individual who provides counseling as part of an educational or training program NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 193 HB 2307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 necessary to practice any of the professions described in sub-subparagraphs (i) to (v) of this subparagraph. (B) “Mental health care or social health professional” includes any individual not de- scribed in this paragraph who is licensed in this state and whose license authorizes the in- dividual to provide mental health care or social health counseling services. (3) Any state board that regulates licensees described in subsection (2)(b)(B) of this sec- tion may impose any form of discipline that the board may impose on a licensee under the laws of this state for violating a law of this state or a rule adopted by the board. SECTION 2. ORS 675.070 is amended to read: 675.070. (1) Where any of the grounds enumerated in subsection (2) of this section exist, the State Board of Psychologist Examiners may impose any of the following sanctions: (a) Deny a license to any applicant; (b) Refuse to renew the license of any psychologist or psychologist associate; (c) Suspend the license of any 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 psy- chologist associate or require practice under supervision; (f) Revoke the license of any psychologist or psychologist associate; or (g) Impose a civil penalty as set forth in subsection (3) of this section. (2) Grounds exist for imposition of any of the sanctions enumerated in subsection (1) of this section against any psychologist or psychologist associate or applicant, or, where applicable, any unlicensed person found in violation of ORS 675.010 to 675.150, when, in the judgment of the board, the person: (a) Has an impairment as defined in ORS 676.303; (b) Has been convicted of violation of any law relating to controlled substances; (c) Has been convicted of any felony or of any misdemeanor involving moral turpitude; (d) Is guilty of immoral or unprofessional conduct or of gross negligence in the practice of psy- chology which includes but is not limited to: (A) Any conduct or practice contrary to recognized standard of ethics of the psychological profession or any conduct or practice that constitutes a danger to the health or safety of a patient or the public, or any conduct, practice or condition that adversely affects a psychologist or psy- chologist 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 any psychological service or treat- ment which 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 to 675.150 by fraud or ma- terial 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 any provision of ORS 675.010 to 675.150 or section 1 of this 2015 Act or any provision of the code of professional conduct formulated under ORS 675.110 (12); or (i) Has obtained a fee or payment from a patient or third party payer through fraud or inten- [2] HB 2307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 tional misrepresentation. (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 by practicing psychology or repre- senting that the person is a psychologist without having a license. (4) In case of any conviction required under subsection (2) of this section 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 any 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 discipli- nary action by the board. SECTION 3. ORS 675.300 is amended to read: 675.300. (1) The Occupational Therapy Licensing Board may deny, suspend, revoke or refuse to renew a license or may impose probationary conditions where the licensee or applicant has: (a) Committed unprofessional conduct as defined by the standards established by the board; (b) Obtained or attempted to obtain a license by means of fraud, misrepresentation or concealment of material facts; (c) Violated any provision of ORS 675.210 to 675.340 or section 1 of this 2015 Act or any order or rule adopted by the board; or (d) Committed gross negligence or incompetence in the performance of professional duties. (2) The board may suspend or revoke the license of any person licensed under ORS 675.210 to 675.340 if the licensee has an impairment as defined in ORS 676.303. (3) When the board proposes to refuse to issue or renew a license or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. (4) Judicial review of orders under subsection (3) of this section shall be conducted in accord- ance with ORS chapter 183. (5) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. SECTION 4. ORS 675.336 is amended to read: 675.336. (1) In addition to any other liability or penalty provided by law, the Occupational Therapy Licensing Board may impose a civil penalty on a person who violates [the provisions] any provision of ORS 675.210 to 675.340 or section 1 of this 2015 Act in an amount not to exceed $1,000 for each violation. (2) The board shall impose civil penalties under this section in the manner provided by ORS [3] HB 2307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 183.745. (3) All penalties recovered under this section shall be paid into the Occupational Therapy Li- censing Board Account established in ORS 675.330 and shall be used only for the administration and enforcement of ORS 675.210 to 675.340. SECTION 5. ORS 675.540, as amended by section 3, chapter 60, Oregon Laws 2013, is amended to read: 675.540. (1) The State Board of Licensed Social Workers may impose any or all of the sanctions specified in subsection (2) of this section, upon proof, after a hearing pursuant to the provisions of ORS chapter 183 relating to a contested case, that a regulated social worker: (a) Has been convicted in this or any other state of a crime that is a felony in this state; (b) Has been convicted of a felony in a federal court; (c) Is unable to perform the practice of social work by reason of physical illness; (d) Has an impairment as defined in ORS 676.303; (e) Has been grossly negligent or has engaged in unprofessional conduct in the practice of social work; or (f) Has violated any provision of ORS 675.510 to 675.600 or section 1 of this 2015 Act or any rule adopted under ORS 675.600. (2) Pursuant to the provisions of subsection (1) of this section, the board may: (a) Deny, suspend, revoke or refuse to renew any authorization to practice regulated social work issued under ORS 675.510 to 675.600. (b) Place a regulated social worker on probation and impose conditions or limits on the scope of practice of a regulated social worker. (c) Impose a civil penalty not to exceed $3,000 for each violation. (3) The expiration, or voluntary surrender by a regulated social worker, of an authorization to practice regulated social work does not deprive the board of jurisdiction to proceed with any in- vestigation of, or any action or disciplinary proceedings against, the regulated social worker. (4) Information that the board obtains as part of an investigation into the conduct of a regulated social worker or an applicant for an authorization to practice regulated social work or as part of a contested case proceeding, consent order or stipulated agreement involving the conduct of a reg- ulated social worker or applicant, is confidential as provided under ORS 676.175. (5) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty in an amount up to $5,000 upon proof that, after a person’s authorization to practice regulated social work has been revoked by the board, the person has: (a) Engaged in the practice of clinical social work; or (b) Represented that the person is a regulated social worker. (6) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty of up to $3,000 upon proof that a person who is not a regulated social worker has: (a) Represented that the person is a regulated social worker; or (b) Used the title “social worker” or any title, words or abbreviations that indicate that the person has an authorization to practice regulated social work in violation of ORS 675.520. (7) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty of up to $5,000 upon proof that a person who is not a clinical social worker licensed under ORS 675.530 or a clinical social work associate certified under ORS 675.537 has: (a) Engaged in the practice of clinical social work, unless the person is permitted to practice [4] HB 2307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 clinical social work under ORS 675.523; or (b) Represented that the person is a clinical social worker or clinical social work associate. SECTION 6. ORS 675.745 is amended to read: 675.745. (1) The Oregon Board of Licensed Professional Counselors and Therapists may deny, suspend, revoke or refuse to issue or to renew any license issued under ORS 675.715 to 675.835 upon proof that the applicant for licensure or the licensee: (a) Has been convicted of violating ORS 675.825 or of a crime in this or any other state or ter- ritory or against the federal government that brings into question the competence of the licensee in the role of a counselor or a therapist; (b) Is unable to perform the practice of professional counseling or marriage and family therapy by reason of physical illness; (c) Has an impairment as defined in ORS 676.303; (d) Has been grossly negligent in the practice of professional counseling or marriage and family therapy; (e) Has violated any provision of ORS 675.715 to 675.835 or section 1 of this 2015 Act; [(e)] (f) Has violated [one or more of the rules] any rule of the board pertaining to the licensure of professional counselors or licensed marriage and family therapists; [(f)] (g) Has failed to file a professional disclosure statement or has filed a false, incomplete or misleading professional disclosure statement; [(g)] (h) Has practiced outside the scope of activities, including administering, constructing or interpreting tests or diagnosing or treating mental disorders, for which the licensee has individual training and qualification; or [(h)] (i) Has been disciplined by a state mental health licensing board or program in this or any other state for violation of competency or conduct standards. (2)(a) The board may reprimand or impose probation on a licensee or a registered intern upon proof of any of the grounds for discipline provided in subsection (1) of this section. (b) If the board elects to place a licensee or a registered intern on probation, the board may impose: (A) Restrictions on the scope of practice of the licensee or intern; (B) Requirements for specific training; (C) Supervision of the practice of the licensee or intern; or (D) Other conditions the board finds necessary for the protection of the public. (3) The board may initiate [action] injunctive proceedings in any circuit court against persons violating any provision of ORS 675.715 to 675.835 or any rules adopted by the board. (4) Pursuant to ORS 183.745, the board may impose a civil penalty of not more than $2,500 for each ground for discipline listed in subsection (1) of this section found by the board. (5) Pursuant to ORS 183.745, the board may impose a civil penalty of not more than $2,500 for each violation of or failure to observe any limitation or condition imposed by the board on the licensee’s or registered intern’s practice under subsection (2) of this section. (6) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. (7) In addition to the actions authorized by subsections (1) and (2) of this section, the board may take such disciplinary action as the board in its discretion finds proper, including but not limited to the assessment of the costs of the disciplinary process. [5] HB 2307 1 2 3 4 SECTION 7. This 2015 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect on its passage. [6]

78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session Enrolled House Bill 2307 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House In- terim Committee on Health Care for Basic Rights Oregon) CHAPTER ................................................. AN ACT Relating to efforts to change an individual’s orientation; creating new provisions; amending ORS 675.070, 675.300, 675.336, 675.540 and 675.745; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) A mental health care or social health professional may not practice conversion therapy if the recipient of the conversion therapy is under 18 years of age. (2) As used in this section: (a)(A) “Conversion therapy” means providing professional services for the purpose of attempting to change a person’s sexual orientation or gender identity, including attempting to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender. (B) “Conversion therapy” does not mean: (i) Counseling that assists a client who is seeking to undergo a gender transition or who is in the process of undergoing a gender transition; or (ii) Counseling that provides a client with acceptance, support and understanding, or counseling that facilitates a client’s coping, social support and identity exploration or devel- opment, including counseling in the form of sexual orientation-neutral or gender identity- neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, as long as the counseling is not provided for the purpose of at- tempting to change the client’s sexual orientation or gender identity. (b)(A) “Mental health care or social health professional” means: (i) A licensed psychologist as defined in ORS 675.010; (ii) A psychologist associate licensed under ORS 675.065; (iii) An occupational therapist or occupational therapy assistant both as defined in ORS 675.210; (iv) A regulated social worker as defined in ORS 675.510; (v) A licensed marriage and family therapist or licensed professional counselor both as defined in ORS 675.705; and (vi) An individual who provides counseling as part of an educational or training program necessary to practice any of the professions described in sub-subparagraphs (i) to (v) of this subparagraph. (B) “Mental health care or social health professional” includes any individual not de- scribed in this paragraph who is licensed in this state and whose license authorizes the in- dividual to provide mental health care or social health counseling services. Enrolled House Bill 2307 (HB 2307-A) Page 1 (3) Any state board that regulates licensees described in subsection (2)(b)(B) of this sec- tion may impose any form of discipline that the board may impose on a licensee under the laws of this state for violating a law of this state or a rule adopted by the board. SECTION 2. ORS 675.070 is amended to read: 675.070. (1) Where any of the grounds enumerated in subsection (2) of this section exist, the State Board of Psychologist Examiners may impose any of the following sanctions: (a) Deny a license to any applicant; (b) Refuse to renew the license of any psychologist or psychologist associate; (c) Suspend the license of any 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 psy- chologist associate or require practice under supervision; (f) Revoke the license of any psychologist or psychologist associate; or (g) Impose a civil penalty as set forth in subsection (3) of this section. (2) Grounds exist for imposition of any of the sanctions enumerated in subsection (1) of this section against any psychologist or psychologist associate or applicant, or, where applicable, any unlicensed person found in violation of ORS 675.010 to 675.150, when, in the judgment of the board, the person: (a) Has an impairment as defined in ORS 676.303; (b) Has been convicted of violation of any law relating to controlled substances; (c) Has been convicted of any felony or of any misdemeanor involving moral turpitude; (d) Is guilty of immoral or unprofessional conduct or of gross negligence in the practice of psy- chology which includes but is not limited to: (A) Any conduct or practice contrary to recognized standard of ethics of the psychological profession or any conduct or practice that constitutes a danger to the health or safety of a patient or the public, or any conduct, practice or condition that adversely affects a psychologist or psy- chologist 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 any psychological service or treat- ment which 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 to 675.150 by fraud or ma- terial 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 any provision of ORS 675.010 to 675.150 or section 1 of this 2015 Act or any provision of the code of professional conduct formulated under ORS 675.110 (12); or (i) Has obtained a fee or payment from a patient or third party payer through fraud or inten- tional misrepresentation. (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 by practicing psychology or repres- enting that the person is a psychologist without having a license. Enrolled House Bill 2307 (HB 2307-A) Page 2 (4) In case of any conviction required under subsection (2) of this section 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 any 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 discipli- nary action by the board. SECTION 3. ORS 675.300 is amended to read: 675.300. (1) The Occupational Therapy Licensing Board may deny, suspend, revoke or refuse to renew a license or may impose probationary conditions where the licensee or applicant has: (a) Committed unprofessional conduct as defined by the standards established by the board; (b) Obtained or attempted to obtain a license by means of fraud, misrepresentation or concealment of material facts; (c) Violated any provision of ORS 675.210 to 675.340 or section 1 of this 2015 Act or any order or rule adopted by the board; or (d) Committed gross negligence or incompetence in the performance of professional duties. (2) The board may suspend or revoke the license of any person licensed under ORS 675.210 to 675.340 if the licensee has an impairment as defined in ORS 676.303. (3) When the board proposes to refuse to issue or renew a license or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. (4) Judicial review of orders under subsection (3) of this section shall be conducted in accord- ance with ORS chapter 183. (5) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. SECTION 4. ORS 675.336 is amended to read: 675.336. (1) In addition to any other liability or penalty provided by law, the Occupational Therapy Licensing Board may impose a civil penalty on a person who violates [the provisions] any provision of ORS 675.210 to 675.340 or section 1 of this 2015 Act in an amount not to exceed $1,000 for each violation. (2) The board shall impose civil penalties under this section in the manner provided by ORS 183.745. (3) All penalties recovered under this section shall be paid into the Occupational Therapy Li- censing Board Account established in ORS 675.330 and shall be used only for the administration and enforcement of ORS 675.210 to 675.340. SECTION 5. ORS 675.540, as amended by section 3, chapter 60, Oregon Laws 2013, is amended to read: 675.540. (1) The State Board of Licensed Social Workers may impose any or all of the sanctions specified in subsection (2) of this section, upon proof, after a hearing pursuant to the provisions of ORS chapter 183 relating to a contested case, that a regulated social worker: (a) Has been convicted in this or any other state of a crime that is a felony in this state; (b) Has been convicted of a felony in a federal court; (c) Is unable to perform the practice of social work by reason of physical illness; (d) Has an impairment as defined in ORS 676.303; (e) Has been grossly negligent or has engaged in unprofessional conduct in the practice of social work; or (f) Has violated any provision of ORS 675.510 to 675.600 or section 1 of this 2015 Act or any rule adopted under ORS 675.600. (2) Pursuant to the provisions of subsection (1) of this section, the board may: Enrolled House Bill 2307 (HB 2307-A) Page 3 (a) Deny, suspend, revoke or refuse to renew any authorization to practice regulated social work issued under ORS 675.510 to 675.600. (b) Place a regulated social worker on probation and impose conditions or limits on the scope of practice of a regulated social worker. (c) Impose a civil penalty not to exceed $3,000 for each violation. (3) The expiration, or voluntary surrender by a regulated social worker, of an authorization to practice regulated social work does not deprive the board of jurisdiction to proceed with any in- vestigation of, or any action or disciplinary proceedings against, the regulated social worker. (4) Information that the board obtains as part of an investigation into the conduct of a regulated social worker or an applicant for an authorization to practice regulated social work or as part of a contested case proceeding, consent order or stipulated agreement involving the conduct of a reg- ulated social worker or applicant, is confidential as provided under ORS 676.175. (5) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty in an amount up to $5,000 upon proof that, after a person’s authorization to practice regulated social work has been revoked by the board, the person has: (a) Engaged in the practice of clinical social work; or (b) Represented that the person is a regulated social worker. (6) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty of up to $3,000 upon proof that a person who is not a regulated social worker has: (a) Represented that the person is a regulated social worker; or (b) Used the title “social worker” or any title, words or abbreviations that indicate that the person has an authorization to practice regulated social work in violation of ORS 675.520. (7) Subject to the provisions of ORS chapter 183 relating to a contested case, the board may impose a civil penalty of up to $5,000 upon proof that a person who is not a clinical social worker licensed under ORS 675.530 or a clinical social work associate certified under ORS 675.537 has: (a) Engaged in the practice of clinical social work, unless the person is permitted to practice clinical social work under ORS 675.523; or (b) Represented that the person is a clinical social worker or clinical social work associate. SECTION 6. ORS 675.745 is amended to read: 675.745. (1) The Oregon Board of Licensed Professional Counselors and Therapists may deny, suspend, revoke or refuse to issue or to renew any license issued under ORS 675.715 to 675.835 upon proof that the applicant for licensure or the licensee: (a) Has been convicted of violating ORS 675.825 or of a crime in this or any other state or ter- ritory or against the federal government that brings into question the competence of the licensee in the role of a counselor or a therapist; (b) Is unable to perform the practice of professional counseling or marriage and family therapy by reason of physical illness; (c) Has an impairment as defined in ORS 676.303; (d) Has been grossly negligent in the practice of professional counseling or marriage and family therapy; (e) Has violated any provision of ORS 675.715 to 675.835 or section 1 of this 2015 Act; [(e)] (f) Has violated [one or more of the rules] any rule of the board pertaining to the licensure of professional counselors or licensed marriage and family therapists; [(f)] (g) Has failed to file a professional disclosure statement or has filed a false, incomplete or misleading professional disclosure statement; [(g)] (h) Has practiced outside the scope of activities, including administering, constructing or interpreting tests or diagnosing or treating mental disorders, for which the licensee has individual training and qualification; or [(h)] (i) Has been disciplined by a state mental health licensing board or program in this or any other state for violation of competency or conduct standards. Enrolled House Bill 2307 (HB 2307-A) Page 4 (2)(a) The board may reprimand or impose probation on a licensee or a registered intern upon proof of any of the grounds for discipline provided in subsection (1) of this section. (b) If the board elects to place a licensee or a registered intern on probation, the board may impose: (A) Restrictions on the scope of practice of the licensee or intern; (B) Requirements for specific training; (C) Supervision of the practice of the licensee or intern; or (D) Other conditions the board finds necessary for the protection of the public. (3) The board may initiate [action] injunctive proceedings in any circuit court against persons violating any provision of ORS 675.715 to 675.835 or any rules adopted by the board. (4) Pursuant to ORS 183.745, the board may impose a civil penalty of not more than $2,500 for each ground for discipline listed in subsection (1) of this section found by the board. (5) Pursuant to ORS 183.745, the board may impose a civil penalty of not more than $2,500 for each violation of or failure to observe any limitation or condition imposed by the board on the licensee’s or registered intern’s practice under subsection (2) of this section. (6) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. (7) In addition to the actions authorized by subsections (1) and (2) of this section, the board may take such disciplinary action as the board in its discretion finds proper, including but not limited to the assessment of the costs of the disciplinary process. SECTION 7. This 2015 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect on its passage. Passed by House March 17, 2015 .................................................................................. Timothy G. Sekerak, Chief Clerk of House .................................................................................. Tina Kotek, Speaker of House Passed by Senate May 7, 2015 .................................................................................. Peter Courtney, President of Senate Received by Governor: ........................M.,........................................................., 2015 Approved: ........................M.,........................................................., 2015 .................................................................................. Kate Brown, Governor Filed in Office of Secretary of State: ........................M.,........................................................., 2015 .................................................................................. Jeanne P. Atkins, Secretary of State Enrolled House Bill 2307 (HB 2307-A) Page 5