2011 ORS § 161.392¹
Certification of psychiatrists and licensed psychologists
  • rules
  • fees

(1) The Oregon Health Authority shall adopt rules necessary to certify psychiatrists and licensed psychologists for the purpose of performing evaluations and examinations described in ORS 161.309 (Notice and report prerequisite to defense), 161.365 (Procedure for determining issue of fitness to proceed) and 419C.524 (Notice and filing report prerequisite to defense). The rules must include a description of the standards and qualifications necessary for certification. The authority may charge a fee for certification under this section in an amount determined by rule.

(2) The authority shall consult with the Psychiatric Security Review Board about proposed rules described in subsection (1) of this section before issuing the proposed rules for public comment and before adopting the rules. [2011 c.724 §9]

Note: 161.392 (Certification of psychiatrists and licensed psychologists) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 161 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1 and 2, chapter 426, Oregon Laws 2009, provide:

Sec. 1. Plan for underserved regions. (1) The Oregon Health Authority shall develop and implement a plan to increase, in underserved regions of the state, the availability of supervision and treatment for persons conditionally released under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) or 419C.529 (Finding of serious mental condition) to 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board).

(2) No later than January 15 of each odd-numbered year, the authority shall submit, to an appropriate committee of the Legislative Assembly designated by the Speaker of the House of Representatives and the President of the Senate, a report that includes but need not be limited to:

(a) The contents of the plan described in subsection (1) of this section;

(b) An assessment of the authoritys progress in meeting the goals of the plan; and

(c) A description of any financial or legal impediments to the implementation of the plan.

(3) The Psychiatric Security Review Board shall provide the authority with information necessary for the authority to develop and implement the plan described in subsection (1) of this section.

(4) As used in this section:

(a) Region means an area, determined by the authority, that contains one or more counties.

(b) Underserved means that the number of persons on conditional release who are provided treatment and supervision in the region is fewer than the number of persons on conditional release statewide who were found guilty except for insanity or responsible except for insanity in the region. [2009 c.426 §1; 2011 c.720 §223]

Sec. 2. Section 1 of this 2009 Act is repealed on January 2, 2016. [2009 c.426 §2]

Note: Sections 34 and 35, chapter 708, Oregon Laws 2011, provide:

Sec. 34. Report on implementation and effects of chapter 708, Oregon Laws 2011. The Oregon Health Authority and the Psychiatric Security Review Board shall each submit a report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), that describes the implementation and effects of this 2011 Act. The authority and the board shall submit a report under this section no later than:

(1) March 1 of each year; and

(2) November 1 of each year. [2011 c.708 §34] Sec. 35. Section 34 of this 2011 Act is repealed on January 1, 2016. [2011 c.708 §35]